Baptiste et al v. KS Industries, LP

Filing 30

ORDER Granting Joint Stipulation to Substitute KS Industries, LLC for Defendant KS Industries, LP signed by District Judge Anthony W. Ishii on 09/10/2018. KSI, LLC added. KS Industries, LP terminated. (Flores, E)

1 John T. Egley, Bar No. 232545
2 [e-mail]
Jacqueline Beaumont, Bar No. 253776
3 [e-mail]
4 Nilab Rahyar Tolton, Bar No. 272810
CALL & JENSEN
5 A Professional Corporation
6 610 Newport Center Drive, Suite 700
Newport Beach, CA 92660
7 Tel: [phone]
8 Fax: [phone]
9 Attorneys for Defendant KS Industries, LP
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AARON BAPTISTE, JOSEPH BAPTISTE, Case No. 1:18-cv-00016-AWI-JLT
DAVID DILLWORTH, KENNETH
DILLWORTH, MARVIN HARRIS, and
[PROPOSED] ORDER GRANTING
HERMAN ST. BRICE,
JOINT STIPULATION TO
SUBSTITUTE KS INDUSTRIES, LLC
Plaintiffs,
FOR DEFENDANT KS INDUSTRIES,
LP
vs.

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KS INDUSTRIES, LP,

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Defendant.

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Complaint Filed: January 3, 2018
Trial Date:
October 22, 2019

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KSI01-10:18cv16.o.Baptiste stipo to sub D.mas.docx:9-10-18

[PROPOSED] ORDER GRANTING JOINT STIPULATION TO SUBSTITUTE KS INDUSTRIES, LLC FOR
DEFENDANT KS INDUSTRIES, LP

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PROPOSED ORDER
Having reviewed the Joint Stipulation to Substitute KS Industries, LLC for Defendant
KS Industries, LP, the Court HEREBY ORDERS:
1. KSI, LP is deemed to be dismissed without prejudice from this action in its entirety,
and KSI, LLC is substituted in its place as a new Defendant;
2. The Answer on file is deemed to be amended as filed on behalf of KS Industries,
LLC and not KSI, LP;
3. KS Industries, LLC is hereby precluded from arguing that the doctrine of
administrative exhaustion of remedies applies to Plaintiffs’ claims in this case as a result
of this substitution of defendants; and
4. In the event that Plaintiffs secure monetary relief in this action against KS
Industries, LLC, and KS Industries, LLC does not fulfill any monetary relief obligations
it has in this action, Plaintiffs may seek that same monetary relief against KS Industries,
LP.

16 IT IS SO ORDERED.
17 Dated: September 10, 2018
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SENIOR DISTRICT JUDGE

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-2[PROPOSED] ORDER GRANTING JOINT STIPULATION TO SUBSTITUTE KS INDUSTRIES, LLC FOR
DEFENDANT KS INDUSTRIES, LP

KSI01-10:18cv16.o.Baptiste stipo to sub D.mas.docx:9-10-18