Acosta v. Sanchez et al

Filing 25

STIPULATION AND ORDER GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT, signed by Magistrate Judge Sheila K. Oberto on 05/09/2019. (Apodaca, P)

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Zachary M. Best, SBN 166035
MOORE LAW FIRM, P.C.
332 North Second Street
San Jose, California 95112
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff,
Jose Trujillo

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOSE ACOSTA,

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Plaintiff,

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vs.
ARMANDO SANCHEZ, et al.,
Defendants.

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No. 1:18-cv-00459-AWI-SKO
STIPULATION GRANTING PLAINTIFF
LEAVE TO FILE FIRST AMENDED
COMPLAINT; ORDER

(Doc. 24)

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IT IS HEREBY STIPULATED by and between Plaintiff, Jose Acosta (“Plaintiff”), and

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Defendants, Armando Sanchez dba Economy Mufflers; Gary Agazarian, Trustee under the Gary

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Agazarian and Susan Agazarian Revocable Living Trust Agreement dated September 1, 1999;

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and Susan Agazarian, Trustee under the Gary Agazarian and Susan Agazarian Revocable Living

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Trust Agreement dated September 1, 1999 (collectively “Defendants,” and together with

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Plaintiff, the “Parties”), the parties hereto, through their respective attorneys of record, that

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Plaintiff may file a First Amended Complaint, a copy of which is attached hereto as Exhibit “A.”

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This amendment will not modify any date or deadline fixed by the Court’s Scheduling Order

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dated April 20, 2019 (ECF Doc. 23) pursuant to Fed. R. Civ. P. 16(b)(4), and is not prejudicial

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to Defendants, the product of undue delay, proposed in bad faith, or futile.

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IT IS FURTHER STIPULATED that Plaintiff will file his First Amended Complaint

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within five (5) calendar days of the Court’s Order permitting such filing, and that Defendants’

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response thereto shall be filed within fourteen (14) days after the First Amended Complaint is

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filed.

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IT IS SO STIPULATED.
Dated: May 8, 2019

MOORE LAW FIRM, P.C.

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/s/ Zachary M. Best
Zachary M. Best
Attorney for Plaintiff,
Jose Acosta

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Dated: May 8, 2019

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/s/ Bruce A. Neilson
Gary R. Basham
Bruce A. Neilson
Attorney for Defendants,
Armando Sanchez dba Economy Mufflers; Gary
Agazarian, Trustee under the Gary Agazarian and
Susan Agazarian Revocable Living Trust
Agreement dated September 1, 1999; and Susan
Agazarian, Trustee under the Gary Agazarian and
Susan Agazarian Revocable Living Trust
Agreement dated September 1, 1999

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ORDER

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Pursuant to the parties’ above stipulation (Doc. 24), IT IS HEREBY ORDERED that

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Plaintiff shall file his First Amended Complaint, a copy of which was attached to the
stipulation (Doc. 24, Ex. A), within five (5) calendar days of the date this Order is filed.
IT IS FURTHER ORDERED that Defendants’ response thereto shall be filed within

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fourteen (14) days after the First Amended Complaint is filed.
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IT IS SO ORDERED.

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Dated:

May 9, 2019

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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