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)
1
2
3
4
5
6
THE GILMAN LAW FIRM, APC
EMMETT GILMAN (SBN 196414)
MICHELE M. TUMAN (SBN 182852)
580 California Street, Suite 1663
San Francisco, CA 94104
Tel: (415) 599-2780
Fax: (415) 653-0153
Attorneys for Plaintiff, RICHARD ANTHONY BESHWATE, JR.
and BONNIE JOY BESHWATE
7
8
9
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
10
11
12
13
14
15
16
17
18
19
20
21
22
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.
)
23
24
25
26
27
28
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:
1
STIPULATION OF THE PARTIES RE: FILING OF FIRST AMENDED COMPLAINT IN LIEU
OF OPPOSITION TO MOTIONS TO DISMISS AND STRIKE
1
1. WHEREAS, the Parties to the instant action have engaged in preliminary
2
efforts to resolve the matter short of further litigation without success;
3
2. WHEREAS, Plaintiffs RICHARD ANTHONY BESHWATE, JR. and
4
BONNIE JOY BESHWATE have agreed to prepare and file a First
5
Amended Complaint in the instant action in response to Defendant
6
CARMAX AUTO SUPERSTORES CALIFORNIA, LLC’s claims as to
7
the insufficiency and defects in the pleadings;
8
3. WHEREAS, Defendant CarMax Auto Superstores California, LLC agrees
9
that its Motions to Dismiss and Strike shall be taken off calendar;
10
4. WHEREAS, Plaintiffs RICHARD ANTHONY BESHWATE, JR. and
11
BONNIE JOY BESHWATE have requested Defendants provide initial
12
document disclosures consisting of documents concerning Plaintiff’s BMW
13
vehicle in order to facilitate the preparation of the First Amended
14
Complaint;
15
5. WHEREAS, Plaintiffs RICHARD ANTHONY BESHWATE, JR. and
16
BONNIE JOY BESHWATE agree to file the First Amended Complaint by
17
August 15, 2017; and
18
6. WHEREAS, if Plaintiffs RICHARD ANTHONY BESHWATE, JR. and
19
BONNIE JOY BESHWATE fail to file the First Amended Complaint by
20
August 15, 2017, Defendant CarMax Auto Superstores California, LLC
21
22
23
may refile its Motions to Dismiss and Strike.
///
///
24
///
25
///
26
///
27
///
28
2
STIPULATION OF THE PARTIES RE: FILING OF FIRST AMENDED COMPLAINT IN LIEU
OF OPPOSITION TO MOTIONS TO DISMISS AND STRIKE
1
2
IT IS SO STIPULATED.
Dated: July 31, 2017
SCHLICHTER & SHONACK, LLP
3
/s/ - Kurt A. Schlichter
By: KURT A. SCHLICHTER
KIM TABIN MANN
KEVIN B. WHEELER
Attorneys for Defendant CARMAX
AUTO SUPERSTORES
CALIFORNIA, LLC
4
5
6
7
8
9
10
11
12
IT IS SO STIPULATED.
Dated: July 31, 2017
LLP
13
14
/s/ - Roger S. Raphael
By: Roger S. Raphael
Robert Farrell
Attorneys for Defendant BMW OF
NORTH AMERICA, LLC
15
16
17
18
LEWIS BRISBOIS BISGAARD & SMITH
IT IS SO STIPULATED.
19
20
Dated: July 31, 2017
THE GILMAN LAW FIRM APC
21
22
23
24
25
/s/ - Emmett Gilman
By: EMMETT GILMAN
Attorneys for Plaintiffs RICHARD
ANTHONY BESHWATE, JR. and
BONNIE JOY BESHWATE
26
27
28
3
STIPULATION OF THE PARTIES RE: FILING OF FIRST AMENDED COMPLAINT IN LIEU
OF OPPOSITION TO MOTIONS TO DISMISS AND STRIKE
1
ORDER
2
Pursuant to the stipulation of the parties, IT IS ORDERED that:
3
1.
4
Plaintiffs are granted leave to file a first amended complaint in lieu of
opposition to Defendant’s motions to dismiss and strike;
5
2.
6
The Clerk of the Court is directed to terminate Defendant’s motion to
dismiss (ECF No. 11) and motion to strike (ECF No. 12);
7
3.
8
The August 16, 2017 hearing for the motion to dismiss and motion to
strike is vacated;
9
4.
10
Plaintiffs shall file the first amended complaint by August 15, 2017;
and
11
5.
12
If Plaintiffs do not file the first amended complaint by August 15, 2017,
Defendant CarMax Auto Superstores California, LLC may refile its
13
motion to dismiss and motion to strike.
14
15
IT IS SO ORDERED.
16
Dated:
August 2, 2017
UNITED STATES MAGISTRATE JUDGE
17
18
19
20
21
22
23
24
25
26
27
28
4
STIPULATION OF THE PARTIES RE: FILING OF FIRST AMENDED COMPLAINT IN LIEU
OF OPPOSITION TO MOTIONS TO DISMISS AND STRIKE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?