Trujillo v. Xiong et al

Filing 22

STIPULATION and ORDER GRANTING Plaintiff Leave to File First Amended Complaint. Plaintiff shall file his First Amended Complaint, a copy of which was attached to the stipulation (Doc. 21, Ex. A), within five (5) calendar days of the date this Order is filed. IT IS FURTHER ORDERED that Defendants' response thereto shall be filed within fourteen (14) days after the First Amended Complaint is filed. Order signed by Magistrate Judge Sheila K. Oberto on 12/11/2017. (Timken, A)

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1 2 3 4 5 Zachary M. Best, SBN 166035 MISSION LAW FIRM, A.P.C. 332 North Second Street San Jose, California 95112 Telephone (408) 298-2000 Facsimile (408) 298-6046 E-mail: service@mission.legal Attorneys for Plaintiff Jose Trujillo 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 JOSE TRUJILLO, 11 12 13 14 15 16 17 ) ) ) Plaintiff, ) ) vs. ) ) ) DOUA XIONG, individually and dba XIONG ) ) PHO N SEAFOOD RESTAURANT, et al., ) ) Defendants. ) ) No. 1:17-cv-00380-DAD-SKO STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; ORDER 18 19 IT IS HEREBY STIPULATED by and between Plaintiff, Jose Trujillo (“Plaintiff”), 20 and Defendants, Doua Xiong, individually and dba Xiong Pho N Seafood Restaurant; and 21 Khoua Xiong, individually and dba Xiong Pho N Seafood Restaurant (collectively 22 “Defendants,” and together with Plaintiff, the “Parties”), the parties hereto, through their 23 respective attorneys of record, that Plaintiff may file a First Amended Complaint, a copy of 24 which is attached hereto as Exhibit “A.” This amendment will not modify any date or deadline 25 fixed by the Court’s Scheduling Order dated November 21, 2017 (Dkt. 19) pursuant to Fed. R. 26 Civ. P. 16(b)(4), and is not prejudicial to Defendants, the product of undue delay, proposed in 27 bad faith, or futile. 28 // STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; ORDER Page 1 1 IT IS FURTHER STIPULATED that Plaintiff will file his First Amended Complaint 2 within five (5) calendar days of the Court’s Order permitting such filing, and that Defendants’ 3 response thereto shall be filed within fourteen (14) days after the First Amended Complaint is 4 filed. 5 IT IS SO STIPULATED. 6 7 Dated: December 8, 2017 /s/ Zachary M. Best Zachary M. Best Attorneys for Plaintiff, Jose Trujillo 8 9 10 11 Dated: December 8, 2017 12 14 15 16 17 ORDER 18 20 Pursuant to the parties’ above stipulation, IT IS HEREBY ORDERED that Plaintiff shall file his First Amended Complaint, a copy of which was attached to the stipulation (Doc. 21, Ex. A), within five (5) calendar days of the date this Order is filed. 21 22 OWDOM LAW FIRM /s/ Matthew D. Owdom Matthew D. Owdom Attorneys for Defendants, Doua Xiong, individually and dba Xiong Pho N Seafood Restaurant; and Khoua Xiong, individually and dba Xiong Pho N Seafood Restaurant 13 19 MISSION LAW FIRM, A.P.C. IT IS FURTHER ORDERED that Defendants’ response thereto shall be filed within fourteen (14) days after the First Amended Complaint is filed. 23 24 IT IS SO ORDERED. 25 Dated: 26 December 11, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 27 28 STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; ORDER Page 2 .

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