Salas v. Facultatieve Technologies The Americas, Inc. et al

Filing 6

ORDER Approving Stipulation (Doc. 4) to File Amended Complaint. (1.) The stipulation to allow the filing of the First Amended Complaint is GRANTED; (2.) No later than May 25, 2017, Plaintiff Jonathan Salas may file the First Amended Complaint tha t was attached as Exhibit A to the Stipulation to Amend Plaintiffs Complaint; (3.) The previous responsive pleading filed in response to the original complaint shall be DEEMED responsive to the First Amended Complaint. (4.) Plaintiff shall report the status of service on the newly named parties at the scheduling conference, on June 7, 2017. If the newly named parties have not yet appeared by June 7, 2017, the conference will be conducted as a status conference. signed by Magistrate Judge Barbara A. McAuliffe on 5/18/2017. (Herman, H)

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DAVID P. MASTAGNI (SBN 57721)
PHILLIP R.A. MASTAGNI (SBN 238254)
GRANT A. WINTER (SBN 266329)
MASTAGNI HOLSTEDT, APC
1912 “I” Street, Sacramento, California 95811
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
JONATHAN SALAS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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JONATHAN SALAS,

Case No.: 1:17-cv-00335-LJO-BAM

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Plaintiff,
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v.

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ORDER APPROVING STIPULATION
TO FILE AMENDED COMPLAINT

FACULTATIEVE TECHNOLOGIES THE
AMERICAS, INC.; INCINERATOR
SPECIALISTS, INC.; and DOES 1 through
100, inclusive,

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Defendants.
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WHEREAS on November 15, 2016, Plaintiff Jonathan Salas filed his Complaint for

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negligence and product liability in this action against Facultatieve Technologies The Americas,

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Inc. and Incinerator Specialists, Inc.;

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WHEREAS on information newly obtained in the course of discovery Plaintiff believes

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that Facultatieve Technologies Supplies Limited, Facultatieve Technologies Limited and,

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Facultatieve Technologies UK Limited, are necessary and proper defendants in this action;

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WHEREAS all parties who have appeared in this action, through their attorneys, have
reviewed a copy of Plaintiff’s proposed First Amended Complaint attached as “Exhibit 1”;
IT IS HEREBY STIPULATED, by and between Plaintiff Jonathan Salas and Defendants

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Facultatieve Technologies The Americas, Inc. and Incinerator Specialists, Inc. through their

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attorneys of record that:

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1.

Provided the Court grants its consent, Plaintiff may file the proposed First

Amended Complaint to join Facultatieve Technologies Supplies Limited, Facultatieve
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Technologies Limited and, Facultatieve Technologies UK Limited as Defendants to this

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action;

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2.

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Technologies Supplies Limited, Facultatieve Technologies Limited and, Facultatieve

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Technologies UK Limited as Defendants to this action, and will not materially change the

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issues in the action;

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3.

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Inc. and Incinerator Specialists, Inc. in response to the original complaint shall be deemed

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to be the responsive pleadings to the First Amended Complaint for Facultatieve

That the proposed First Amended Complaint will only join Facultatieve

That the responsive pleadings filed by Facultatieve Technologies The Americas,

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Technologies The Americas, Inc. and Incinerator Specialists, Inc.;

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4.

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hereon, represent and warrant that they have the full authority to bind their respective

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parties to the terms hereof; and,

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5.

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“Exhibit 1”, may be filed, should the Court grant leave to do so.

That the attorneys of the parties who have appeared in this action, by signature

The parties hereby agree that the First Amended Complaint, attached hereto as

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MASTAGNI HOLSTEDT, A.P.C.
DATED: May 15, 2017

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By:__/s/______________________________
GRANT A. WINTER
Attorney for Plaintiff

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ERICKSEN ARBUTHNOT
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DATED: May 15, 2017
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By:__/s/_____________________________
NATHANIEL R. LUCEY
Attorney for Defendants Facultatieve
Technologies The Americas, Inc. and
Incinerator Specialists, Inc.

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ORDER
Pursuant to the stipulation of the parties as set forth above and Fed. R. Civ. P. 15(a)(2),
this Court HEREBY ORDERS:

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1.

The stipulation to allow the filing of the First Amended Complaint is GRANTED;

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2.

No later than May 25, 2017, Plaintiff Jonathan Salas may file the First Amended

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Complaint that was attached as Exhibit A to the Stipulation to Amend Plaintiff’s Complaint;
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The previous responsive pleading filed in response to the original complaint shall

be DEEMED responsive to the First Amended Complaint.
4.

Plaintiff shall report the status of service on the newly named parties at the

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scheduling conference, on June 7, 2017. If the newly named parties have not yet appeared by

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June 7, 2017, the conference will be conducted as a status conference.

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IT IS SO ORDERED.
Dated:

May 18, 2017

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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