Halstead v. Rustigian, et al.

Filing 55

ORDER on STIPULATION to File First Amended Complaint and Withdraw Pending Motion for Leave to Amend 52 , signed by Magistrate Judge Sheila K. Oberto on 8/2/2018: 21-Day Deadline. (Hellings, J)

1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 Christina C. Tillman, #258627
[e-mail]
3 7647 North Fresno Street
Fresno, California 93720
4 Telephone:
[phone]
Facsimile:
[phone]
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Attorneys for Grace Rustigian
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION
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CHARLES HALSTEAD,

Case No. 1:17-CV-01337 SKO

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Plaintiff,
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v.
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STIPULATION TO FILE FIRST
AMENDED COMPLAINT AND
WITHDRAW PENDING MOTION FOR
LEAVE TO AMEND; ORDER THEREON

GRACE RUSTIGIAN,
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Defendant.
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(Doc. 52)

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Plaintiff Charles Halstead in propria persona and Defendant Grace Rustigian by and through
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her counsel of record hereby stipulate as follows:
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1.

On July 17, 2018, Plaintiff filed a noticed Motion for Leave to File First Amended

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Complaint.
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2.

McCormick Barstow LLP substituted in as counsel for Defendant, which consent

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order regarding the substitution was executed by the Court on July 18, 2018.
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3.
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The Parties met and conferred and agreed to modify the proposed First Amended

Complaint underlying Plaintiff’s Motion for Leave to File First Amended Complaint.

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4.

Based on the agreement of the Parties, to conserve judicial resources on having to

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rule on a opposition by Defendant, the Parties hereby stipulate that the Motion for Leave to File
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First Amended Complaint filed by Plaintiff and set for hearing August 15, 2018, at 9:30 a.m., is
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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

STIPULATION TO FILE FAC AND WITHDRAW PENDING MOTION; ORDER THEREON

1 hereby withdrawn. The Parties request that the Court vacate the hearing on the above-referenced
2 motion.
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5.

The Parties further stipulate to Plaintiff filing a First Amended Complaint as attached

4 hereto as Exhibit “A”, to having the First Amended Complaint deemed filed upon the Court’s
5 execution of the Order below, and that Defendant Grace Rustigian and both newly named defendants
6 shall have 21 days to file a responsive pleading.
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8 Dated: August 1, 2018
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By: /s/ Charles Halstead (as authorized on 8/1/18)
Charles Halstead, in propria persona

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Dated: August 1, 2018

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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By:
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/s/ Christina C. Tillman
Christina C. Tillman
Attorneys for Grace Rustigian

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ORDER
Based on the parties’ above Stipulation to File First Amended Complaint and Withdraw

24 Pending Motion for Leave to Amend (the “Stipulation”) (Doc. 52), Plaintiff’s Motion for Leave to
25 File First Amended Complaint (the “Motion”) (Doc. 35) is HEREBY WITHDRAWN. The Motion
26 hearing date of August 15, 2018 is VACATED.
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In further accordance with the Stipulation, the Clerk of the Court is DIRECTED to file

28 Plaintiff’s First Amended Complaint attached as Exhibit “A” to the Stipulation (Doc. 52, Ex. A) on
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

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STIPULATION TO FILE FAC AND WITHDRAW PENDING MOTION; ORDER THEREON

1 the docket captioned as Plaintiff’s First Amended Complaint, which is deemed filed as of the date
2 of this Order. In view of the filing of Plaintiff’s First Amended Complaint, Plaintiff’s Amended
3 Motion for Leave to File First Amended Complaint (Doc. 37), is DENIED as moot.
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All Defendants named in the First Amended Complaint SHALL have twenty-one (21) days

5 from the date of this Order to file a responsive pleading.
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7 IT IS SO ORDERED.
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Dated:

August 2, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

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STIPULATION TO FILE FAC AND WITHDRAW PENDING MOTION; ORDER THEREON

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