VTail, LLC v. Golden Corral Inc. et al

Filing 9

STIPULATION and ORDER #8 re Filing of First Amended Complaint, signed by Magistrate Judge Jennifer L. Thurston on 3/22/2018. First Amended Complaint to be filed within three court days. (Hall, S)

1
2
3
4
5
6
7
8
9
10

David J. Tappeiner (SBN 243979)
FELL, MARKING, ABKIN, MONTGOMERY,
GRANET & RANEY, LLP
222 East Carrillo Street, Suite 400
Santa Barbara, California 93101-2142
Telephone: [phone]
Email: [e-mail]
Jason W. Wansor (SBN 232949)
G. Michael Brelje (SBN 269476)
Rogers, Sheffield & Campbell, LLP
427 East Carrillo Street
Santa Barbara, California 93101
Telephone: [phone]
Fax: [phone]
Email: [e-mail]; [e-mail]
Attorneys for Plaintiff, VTAIL, LLC

11
12

UNITED STATES DISTRIC COURT
EASTERN DISTRICT OF CALIFORNIA

13
14
15
16
17
18
19
20
21

VTAIL, LLC, a Limited Liability Company, )
)
Plaintiff,
)
)
vs.
)
)
GOLDEN CORRAL, INC., a North Carolina )
corporation conducting business in Kern
)
County, California; DARRYL WEBB, an
)
individual; TELLY SMITH, an individual; )
and DOES 1-20, inclusive,
)
)
Defendants.
)
)
)

Case No.: 1:18-CV-00339-DAD-JLT
STIPULATION AND ORDER RE:
FILING OF FIRST AMENDED
COMPLAINT
(Doc. 8)

22
23

IT IS HEREBY STIPULATED, by and between the parties to this action, by

24

their respective attorneys, its form and content being hereby approved. This Stipulation

25

is made with reference to the following facts:

26

1.

Plaintiff, VTAIL, LLC (hereinafter “Plaintiff”), wishes to amend its

27

Complaint that was filed in the Superior Court of California, Kern County, on February

28

2, 2018, and will include a Negligent Misrepresentation cause of action in its First

1
________________________________________________________________________________________________________
STIPULATION AND ORDER RE: FILING OF FIRST AMENDED COMPLAINT

1

Amended Complaint. Plaintiff intended to file its First Amended Complaint in the

2

Superior Court of California, Kern County, but this action was removed by the

3

Defendants on March 8, 2018, prior to Plaintiff amending its Complaint.
2.

4

Defendants, GOLDEN CORRAL, INC., aka GOLDEN CORRAL

5

CORPORATION, DARRYL WEBB, and TELLY SMITH (hereinafter “Defendants”),

6

through their respective counsel, hereby agree to allow Plaintiff time to amend its

7

Complaint and file a First Amended Complaint.
3.

8
9
10

its Complaint, and counsel respectfully request that Plaintiff be allowed to file its First
Amended Complaint pursuant to Federal Rules of Civil Procedure, Rule 15(B)(2).
4.

11
12

By their signatures below, the Defendants consent to Plaintiff amending

Pursuant to the agreement of the parties, counsel for the parties hereby

stipulate to and request the Court to enter the Order that follows.

13
14

ROGERS, SHEFFIELD & CAMPBELL, LLP

15
16

DATED: March ___, 2018

By:
Jason W. Wansor, Esq.
G. Michael Brelje, Esq.
Attorneys for Plaintiff VTAIL, LLC

17
18
19

LEWIS BRISBOIS BISGAARD & SMITH, LLP

20
21

DATED: March ___, 2018

By:
Garth N. Ward, Esq.
Attorneys for Defendants GOLDEN CORRAL,
INC., aka GOLDEN CORRAL
CORPORATION, DARRYL WEBB, and
TELLY SMITH

22
23
24
25

///

26

///

27

///

28

///

2
________________________________________________________________________________________________________
STIPULATION AND ORDER RE: FILING OF FIRST AMENDED COMPLAINT

ORDER

1
2

Based upon the foregoing stipulation, the Court ORDERS:

3

1.

Plaintiff shall file its First Amended Complaint within three court days.

4
5
6
7

IT IS SO ORDERED.
Dated:

March 22, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
________________________________________________________________________________________________________
STIPULATION AND ORDER RE: FILING OF FIRST AMENDED COMPLAINT