McKeon et al v. Central Valley Community Sports Foundation et al

Filing 39

STIPULATION and ORDER Withdrawing and Disregarding the Erroneously Filed 37 Second Amended Complaint signed by Magistrate Judge Barbara A. McAuliffe on 10/05/2018. (Flores, E)

1 RACHELLE TAYLOR GOLDEN 295385
HATMAKER LAW GROUP
2 A Professional Corporation
7522 N. Colonial Avenue, Suite 105
3 Fresno, California 93711
Telephone: [phone]
4 Facsimile: [phone]
5 Attorneys for Plaintiffs: MEGAN MCKEON, TINA NEAL, and
LAILA NEAL
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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* * *
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MEGAN MCKEON; LAILA NEAL, A
11 MINOR BY AND THROUGH HER
GUARDIAN AD LITEM, TINA NEAL; and
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TINA NEAL,
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Plaintiffs,
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vs.
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16 CENTRAL VALLEY COMMUNITY
SPORTS FOUNDATION, a Non-Profit
17 Corporation, dba GATEWAY ICE
CENTER; and JEFF BLAIR, an individual;
18 and DOES 1 through 50, Inclusive,
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Defendants.

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Case No. 1:18-cv-00358-DAD-BAM
STIPULATION AND ORDER
WITHDRAWING AND
DISREGARDING THE
ERRONEOUSLY FILED SECOND
AMENDED COMPLAINT
(ECF No. 37)

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On October 1, 2018, Plaintiffs MEGAN MCKEON, LAILA NEAL, A MINOR BY AND

22 THROUGH HER GUARDIAN AD LITEM, TINA NEAL; and TINA NEAL (“Plaintiffs”) filed
23 their Second Amended Complaint against Defendant, CENTRAL VALLEY COMMUNITY
24 SPORTS FOUNDATION dba GATEWAY ICE CENTER and JEFF BLAIR (“Defendants”),
25 and added two Defendants, FRESNO SKATING CENTER, INC., and TJ COX.
26 ///
Hatmaker Law Group
7522 N. Colonial Ave.
Suite 105
Fresno, CA 93711

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STIPULATION AND ORDER TO WITHDRAW SECOND AMENDED COMPLAINT

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Plaintiffs improperly filed the Second Amended Complaint without obtaining either leave

2 of Court or the stipulation of the parties as required by Rule 15 of the Federal Rules of Civil
3 Procedure, Local Rule 230, and paragraph 2 of the Scheduling Conference Order (Document 34).
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IT IS HEREBY STIPULATED, by and between Plaintiffs and Defendants, by and

5 through their respective counsel that:
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1. Plaintiffs’ Second Amended Complaint be deemed withdrawn; and

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2. Plaintiffs’ First Amended Complaint, filed on June 13, 2018, shall remain the

8 operative pleading, until and unless it is superseded a properly authorized and filed amended
9 complaint.
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3. Neither the improper filing of the Second Amended Complaint nor this

11 Stipulation expands, restricts, or in any way effects Plaintiffs’ rights, if any there are, to seek
12 leave of court to file the Second Amended Complaint as may be allowed by the Federal Rules of
13 Civil Procedure or the Local Rules of this Court.
14 DATED: October 4, 2018
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HATMAKER LAW GROUP
A Professional Corporation

By:

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DATED: October 4, 2018

/s/ Rachelle Taylor Golden
RACHELLE TAYLOR GOLDEN
Attorneys for Plaintiffs
MEGAN MCKEON; LAILA NEAL, A
MINOR BY AND THROUGH HER
GUARDIAN AD LITEM, TINA NEAL;
and TINA NEAL
COLEMAN & HOROWITT, LLP

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By:

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/s/ Keith White
KEITH WHITE
Attorneys for Defendants
CENTRAL VALLEY COMMUNITY
SPORTS FOUNDATION dba GATEWAY
ICE CENTER, and JEFF BLAIR

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Hatmaker Law Group
7522 N. Colonial Ave.
Suite 105
Fresno, CA 93711

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STIPULATION AND ORDER TO WITHDRAW SECOND AMENDED COMPLAINT

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ORDER
Having reviewed the parties’ stipulation and for good cause shown IT IS HEREBY

3 ORDERED that:
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1. Plaintiffs’ Second Amended Complaint is deemed WITHDRAWN and the filing

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shall be DISREGARDED (ECF No. 37);

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2. The First Amended Complaint, filed on June 13, 2018, shall remain the operative

7 pleading, until and unless it is superseded a properly authorized and filed amended complaint.
8

3. Neither the improper filing of the Second Amended Complaint nor this

9 Stipulation expands, restricts, or in any way effects Plaintiffs’ rights, if any there are, to seek
10 leave of court to file the Second Amended Complaint as may be allowed by the Federal Rules of
11 Civil Procedure or the Local Rules of this Court.
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IT IS SO ORDERED.
Dated:

October 5, 2018

/s/ Barbara

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE

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Hatmaker Law Group
7522 N. Colonial Ave.
Suite 105
Fresno, CA 93711

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STIPULATION AND ORDER TO WITHDRAW SECOND AMENDED COMPLAINT