Beshwate et al v. BMW of North America, LLC et al

Filing 21

ORDER re Stipulation of Parties re Filing First Amended Complaint In Lieu of Opposition to 11 Motions to Dismiss and 12 Strike; August 16, 2017 hearing for the Motion to Dismiss and Motion to Strike is VACATED, signed by Magistrate Judge Stanley A. Boone on 8/2/17. ( First Amended Complaint due by 8/15/2017) (Martin-Gill, S)

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THE GILMAN LAW FIRM, APC
EMMETT GILMAN (SBN 196414)
MICHELE M. TUMAN (SBN 182852)
580 California Street, Suite 1663
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff, RICHARD ANTHONY BESHWATE, JR.
and BONNIE JOY BESHWATE

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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RICHARD ANTHONY BESHWATE, ) Case No.: 1:17-cv-00417-DAD-SAB
JR. and BONNIE JOY BESHWATE, )
each individually,
) ORDER RE STIPULATION OF
) PARTIES RE: FILING FIRST
Plaintiffs,
) AMENDED COMPLAINT IN LIEU
) OF OPPOSITION TO MOTIONS TO
v.
) DISMISS AND STRIKE
)
BMW OF NORTH AMERICA, LLC, a )
Delaware Limited Liability Company; )
CARMAX AUTO SUPERSTORES
)
CALIFORNIA, LLC, a Virginia Limited)
Liability Company; and DOES 1-500, )
inclusive,
)
)
Defendants.
)

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TO THE HONORABLE COURT:
Plaintiffs RICHARD ANTHONY BESHWATE, JR. and BONNIE JOY
BESHWATE and Defendant CARMAX AUTO SUPERSTORES CALIFORNIA,
LLC, (the “Parties”), hereby stipulate and request as follows:
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STIPULATION OF THE PARTIES RE: FILING OF FIRST AMENDED COMPLAINT IN LIEU
OF OPPOSITION TO MOTIONS TO DISMISS AND STRIKE

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1. WHEREAS, the Parties to the instant action have engaged in preliminary

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efforts to resolve the matter short of further litigation without success;

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2. WHEREAS, Plaintiffs RICHARD ANTHONY BESHWATE, JR. and

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BONNIE JOY BESHWATE have agreed to prepare and file a First

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Amended Complaint in the instant action in response to Defendant

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CARMAX AUTO SUPERSTORES CALIFORNIA, LLC’s claims as to

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the insufficiency and defects in the pleadings;

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3. WHEREAS, Defendant CarMax Auto Superstores California, LLC agrees

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that its Motions to Dismiss and Strike shall be taken off calendar;

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4. WHEREAS, Plaintiffs RICHARD ANTHONY BESHWATE, JR. and

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BONNIE JOY BESHWATE have requested Defendants provide initial

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document disclosures consisting of documents concerning Plaintiff’s BMW

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vehicle in order to facilitate the preparation of the First Amended

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Complaint;

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5. WHEREAS, Plaintiffs RICHARD ANTHONY BESHWATE, JR. and

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BONNIE JOY BESHWATE agree to file the First Amended Complaint by

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August 15, 2017; and

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6. WHEREAS, if Plaintiffs RICHARD ANTHONY BESHWATE, JR. and

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BONNIE JOY BESHWATE fail to file the First Amended Complaint by

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August 15, 2017, Defendant CarMax Auto Superstores California, LLC

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may refile its Motions to Dismiss and Strike.
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STIPULATION OF THE PARTIES RE: FILING OF FIRST AMENDED COMPLAINT IN LIEU
OF OPPOSITION TO MOTIONS TO DISMISS AND STRIKE

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IT IS SO STIPULATED.
Dated: July 31, 2017

SCHLICHTER & SHONACK, LLP

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/s/ - Kurt A. Schlichter
By: KURT A. SCHLICHTER
KIM TABIN MANN
KEVIN B. WHEELER
Attorneys for Defendant CARMAX
AUTO SUPERSTORES
CALIFORNIA, LLC

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IT IS SO STIPULATED.
Dated: July 31, 2017

LLP

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/s/ - Roger S. Raphael
By: Roger S. Raphael
Robert Farrell
Attorneys for Defendant BMW OF
NORTH AMERICA, LLC

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LEWIS BRISBOIS BISGAARD & SMITH

IT IS SO STIPULATED.

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Dated: July 31, 2017

THE GILMAN LAW FIRM APC

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/s/ - Emmett Gilman
By: EMMETT GILMAN
Attorneys for Plaintiffs RICHARD
ANTHONY BESHWATE, JR. and
BONNIE JOY BESHWATE

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STIPULATION OF THE PARTIES RE: FILING OF FIRST AMENDED COMPLAINT IN LIEU
OF OPPOSITION TO MOTIONS TO DISMISS AND STRIKE

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ORDER

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Pursuant to the stipulation of the parties, IT IS ORDERED that:

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1.

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Plaintiffs are granted leave to file a first amended complaint in lieu of
opposition to Defendant’s motions to dismiss and strike;

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2.

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The Clerk of the Court is directed to terminate Defendant’s motion to
dismiss (ECF No. 11) and motion to strike (ECF No. 12);

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3.

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The August 16, 2017 hearing for the motion to dismiss and motion to
strike is vacated;

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4.

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Plaintiffs shall file the first amended complaint by August 15, 2017;
and

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5.

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If Plaintiffs do not file the first amended complaint by August 15, 2017,
Defendant CarMax Auto Superstores California, LLC may refile its

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motion to dismiss and motion to strike.

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IT IS SO ORDERED.

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Dated:

August 2, 2017
UNITED STATES MAGISTRATE JUDGE

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STIPULATION OF THE PARTIES RE: FILING OF FIRST AMENDED COMPLAINT IN LIEU
OF OPPOSITION TO MOTIONS TO DISMISS AND STRIKE