Ayala v. Frito Lay, Inc.

Filing 6

ORDER Granting in Part 5 Stipulation Regarding Defendant's Pending 3 Motion to Dismiss and 4 Motion to Strike Certain Allegations of the Complaint, signed by District Judge Dale A. Drozd on 12/7/2016. (Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REBECCA M. AYALA,

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Plaintiff,

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No. 1:16-cv-01705-DAD-SKO

v.
FRITO LAY, INC.,

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Defendant.

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ORDER GRANTING IN PART
STIPULATION REGARDING
DEFENDANT’S PENDING MOTION TO
DISMISS AND MOTION TO STRIKE
CERTAIN ALLEGATIONS OF THE
COMPLAINT
(Doc. No. 5)

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Before the court is the parties’ stipulation regarding defendant Frito Lay, Inc.’s (“Frito

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Lay”) motion to dismiss and motion strike certain allegations of the complaint. (Doc. No. 5.)

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Having carefully reviewed the entire file and the parties’ stipulation, the court finds good cause to

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issue an order adopting the parties’ stipulation in part. The court notes that under the parties’

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proposed stipulation, plaintiff Rebecca M. Ayala’s operative complaint in this case (see Doc. No.

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1-5) shall be superseded by an amended complaint, filed either (a) on or before December 29,

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2016, or (b) no later than twenty-one days after December 29, 2016. In either event, the court

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will not be required to reach the substance of defendant’s pending motions.

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/////

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Accordingly,

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1. Plaintiff Ayala’s complaint is dismissed without prejudice;

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2. Plaintiff is granted leave to file an amended complaint no later than January 19, 2017.

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Upon filing an amended complaint with the court, plaintiff shall serve such pleading

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on defendant Frito Lay, and may do so by email to its counsel of record;

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3. Defendant may file and serve a responsive pleading within twenty-one days after
being served with plaintiff’s amended complaint; and

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4. Defendant’s motion to dismiss (Doc. No. 3) and motion to strike (Doc. No. 4) are

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denied as having been rendered moot by this order.
IT IS SO ORDERED.
Dated:

December 7, 2016
UNITED STATES DISTRICT JUDGE

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