Vedrine v. Swift Transportation of Arizona, LLC et al

Filing 10

STIPULATION and ORDER signed by Magistrate Judge Erica P. Grosjean on September 15, 2022, as follows: IT IS STIPULATED by and between the parties through their respective attorneys of records that Plaintiff shall, pursuant to Rule 15(a) of the Federal Rules of Civil Procedure, file a First Amended Complaint within twenty (20) days of the entry of an Order on this Stipulation. Additionally, Defendant Marshall Anthony Smith shall file a responsive pleading within twenty (20) days of the filing of the First Amended Complaint. (Rooney, M)

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1 Patrick S. Schoenburg (State Bar No. 162842) pschoenburg@wshblaw.com 2 WOOD, SMITH, HENNING & BERMAN LLP 7108 North Fresno Street, Suite 250 3 Fresno, California 93720-2952 Phone: 559-437-2860 ♦ Fax: 559-705-1934 4 5 Attorneys for Defendants SWIFT TRANSPORTATION CO. OF ARIZONA, LLC and MARSHALL ANTHONY SMITH 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION 10 11 REGINALD VEDRINE, Case No. 1:22-cv-00902-AWI-EPG 12 Plaintiff, STIPULATION AND ORDER FOR LEAVE TO FILE AMENDED COMPLAINT TO CORRECT MISNOMER (F.R.C.P. 15(a)) 13 v. 14 SWIFT TRANSPORTATION OF ARIZONA, 15 LLC; MARSHALL ANTHONY SMITH, an individual; AND DOES 1 TO 20, 16 INCLUSIVE, 17 (ECF No. 9) Defendants. 18 Defendants Swift Transportation Co. of Arizona, LLC (erroneously named as Swift 19 Transportation of Arizona, LLC) and Marshall Anthony Smith and Plaintiff Reginald Vedrine 20 21 22 23 24 ("Plaintiff") submit the following Joint Stipulation and request that the Court grant Plaintiff leave to file a First Amended Complaint pursuant to Rule 15(a) of the Federal Rules of Civil Procedure: 1. Plaintiff filed the operative Complaint on February 4, 2022 in Tulare County Superior Court; 2. Defendant Swift Transportation Co. of Arizona, LLC was inadvertently named in 25 the Complaint as "Swift Transportation of Arizona, LLC"; 26 3. Defendant Swift Transportation Co. of Arizona, LLC removed this matter from 27 Tulare County Superior Court to the United States District Court for the Eastern District of 28 California, Fresno Division on July 19, 2022, and filed its Answer on July 26, 2022; 1 1 4. Defendant Marshall Anthony Smith was served with the operative Complaint on 2 August 30, 2022; and, 3 5. To remedy the misnaming of Swift Transportation Co. of Arizona, LLC and to 4 allow for the filing of a complaint that is formatted for the United States District Court, the parties 5 request that leave be granted for the filing of a First Amended Complaint. IT IS THEREFORE STIPULATED by and between the parties through their respective 6 attorneys of records that Plaintiff shall, pursuant to Rule 15(a) of the Federal Rules of Civil 7 Procedure, file a First Amended Complaint within twenty (20) days of the entry of an Order on 8 this Stipulation. Additionally, Defendant Marshall Anthony Smith shall file a responsive pleading 9 within twenty (20) days of the filing of the First Amended Complaint. 10 11 DATED: September 15, 2022 WOOD, SMITH, HENNING & BERMAN LLP 12 13 By: 14 PATRICK S. SCHOENBURG Attorneys for Defendants SWIFT TRANSPORTATION CO. OF ARIZONA, LLC and MARSHALL ANTHONY SMITH 15 16 17 DATED: September 14, 2022 THE LAW OFFICES OF SIMRAN KALEKA, APC 18 19 20 21 By: SIMRAN KALEKA Attorneys for Plaintiff REGINALD VEDRINE 22 23 24 25 26 27 28 2 1 2 ORDER Based on the written stipulation (ECF No. 9) of the parties and good cause appearing in 3 support thereof, Plaintiff is granted leave to file a First Amended Complaint within twenty (20) 4 days of the date of this Order. Additionally, Defendant Marshall Anthony Smith shall file a 5 responsive pleading within twenty (20) days of the filing of the First Amended Complaint. 6 7 8 9 IT IS SO ORDERED. Dated: September 16, 2022 /s/ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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