Eakes v. Leprino Foods Company

Filing 16

Stipulation and Order GRANTING Defendant leave to file third party complaint against Phillip Gordon Collins, dba Collins Air and GRANTING Plaintiff leave to file an amended complaint, signed by Magistrate Judge Sheila K. Oberto on 10/19/2018. (Third-Party Complaint filed by 10/29/2018; Amended Complaint due by 11/8/2018) (Rosales, O)

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Patrick T. Markham, Esq. – State Bar No. 114542
JACOBSON MARKHAM, L.L.P.
8950 Cal Center Drive, Suite 210
Sacramento, CA 95826
Tel: [phone]
Fax: [phone]

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Attorneys for Defendant
LEPRINO FOODS COMPANY
Alex E. Thompson
HERR PEDERSON & BERGLUND LLP
100 Willow Plaza, Suite 300
Visalia, CA 93291
Tel: [phone]
Attorneys for Plaintiff
BOBBY EAKES

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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(FRESNO DIVISION)
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BOBBY EAKES

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Case No: 1:18-cv-00335-LJO-SKO
STIPULATION AND ORDER GRANTING
DEFENDANT LEAVE TO FILE THIRD
PARTY COMPLAINT AGAINST PHILLIP
GORDON COLLINS, DBA COLLINS AIR
AND GRANTING PLAINTIFF LEAVE TO
FILE AN AMENDED COMPLAINT

Plaintiff,
v.
LEPRINO FOODS COMPANY
Defendant.

(Doc. 15)

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Action Filed:

February 1, 2018

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COMES NOW, plaintiff, BOBBY EAKES (hereinafter “Plaintiff”) and defendant, LEPRINO

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FOODS COMPANY (hereinafter “LFC” or “Defendant”), by and through their respective

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undersigned counsel, and stipulate as follows for an order granting Defendant leave to file its Third-

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Jacobson Markham, LLP
Sacramento, California

-1STIPULATION AND ORDER GRANTING DEFENDANT LEAVE TO FILE THIRD PARTY COMPLAINT
AGAINST PHILLIP GORDON COLLINS, DBA COLLINS AIR AND GRANTING PLAINTIFF LEAVE TO
FILE AN AMENDED COMPLAINT

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Party Complaint against PHILLIP GORDON COLLINS, DBA COLLINS AIR (Hereinafter “Collins

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Air”), and granting Plaintiff leave to file an amended complaint.

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WHEREAS, this is a personal injury case in which Plaintiff claims he was injured while in the
course of his employment with Collins Air.

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WHEREAS, based on information recently learned through discovery, Plaintiff now seeks to

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amend its complaint to name the manufacturer and installer of the ladder, where the injury allegedly

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occurred.

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WHEREAS, based on information recently learned through discovery, and the written terms

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of the contract between Defendant and Collins Air, Defendant now seeks leave to implead Collins Air,

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the employer of Plaintiff at the time of his alleged injury, as a third party defendant.

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WHEREAS, Plaintiff does not object to the impleader of Collins Air.

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WHEREAS, Defendant does not object to Plaintiff amending the complaint to name the

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manufacturer and installer of the ladder.

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NOW THEREFORE, Plaintiff and LFC stipulate and respectfully request that the Court enter

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an order granting LFC leave to a Third-Party Complaint against Collins Air, and granting Plaintiff

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leave to amend the complaint.

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Dated: October 17, 2018

JACOBSON MARKHAM, L.L.P.

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By_/s/ Patrick T. Markham_______
PATRICK T. MARKHAM, ESQ.
Attorneys for Defendant
LEPRINO FOODS COMPANY

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Dated: October 17, 2018

HERR PEDERSON & BERGLUND LLP

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By_/s/ Alex E. Thompson______
ALEX E. THOMPSON
Attorneys for Plaintiff
BOBBY EAKES

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Jacobson Markham, LLP
Sacramento, California

-2STIPULATION AND ORDER GRANTING DEFENDANT LEAVE TO FILE THIRD PARTY COMPLAINT
AGAINST PHILLIP GORDON COLLINS, DBA COLLINS AIR AND GRANTING PLAINTIFF LEAVE TO
FILE AN AMENDED COMPLAINT

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ORDER

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Good cause having been shown based on the stipulation of the parties (Doc. 15), the Court
hereby orders as follows:

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1. Defendant Leprino Foods Company is granted leave to file its Third-Party Complaint
against Phillip Gordon Collins, dba Collins Air, within ten (10) days from the date of this Order; and

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2. Plaintiff Bobby Eakes is granted leave to file its amended complaint within twenty (20)
days from the date of this Order.

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IT IS SO ORDERED.
Dated:

October 19, 2018

/s/

Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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Jacobson Markham, LLP
Sacramento, California

-3STIPULATION AND ORDER GRANTING DEFENDANT LEAVE TO FILE THIRD PARTY COMPLAINT
AGAINST PHILLIP GORDON COLLINS, DBA COLLINS AIR AND GRANTING PLAINTIFF LEAVE TO
FILE AN AMENDED COMPLAINT