Lake et al v. Irish Construction et al

Filing 28

STIPULATION and ORDER signed by Judge John A. Mendez on 2/9/09 ORDERING, as the parties have stipulated, that Pltfs' First Amended Complaint is deemed filed and served. (Engbretson, K.)

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ELLYN MOSCOWITZ (State Bar No. 129287) ([e-mail]) LAW OFFICES OF ELLYN MOSCOWITZ, P.C. Uptown Arts Building 1629 Telegraph Avenue Fourth Floor Oakland, California 94612 Telephone: [phone] Facsimile: [phone] Attorney for Plaintiffs UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA MARVIN LAKE and JUAN GUTIERREZ, individually and on behalf of themselves and all others similarly situated, Plaintiff, v. IRISH CONSTRUCTION AND IRISH COMMUNICATION COMPANY (ICC), AT & T and DOES 1-750, Defendants. CLASS ACTION Case No.: 2:08-CV-02661-JAM-KJM STIPULATION TO AMEND COMPLAINT

Pursuant to Fed. R. Civ. Pro. 15(a)(2) IT IS HEREBY STIPULATED by and between the parties hereto through their respective attorneys of record that Plaintiffs may file an Amended Complaint in Marvin Lake and Juan Gutierrez et al. v. Irish Construction and Irish Communication Co. Case No. 2:08-CV-02661-JAM-KJM, a copy of which is attached hereto. IT IS FURTHER STIPULATED that the Defendant waives notice and service of the amended complaint and shall not be required to answer the amendment, and that all denials, responses and affirmative defenses contained in the
STIPULATION to Amend Complaint

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answer filed by Defendant to the original complaint shall be responsive to the amended complaint. Dated: February 9, 2009 ATKINSON, ANDERSON, LOYA, RUUD & ROMO By: /s/ SCOTT DAUSCHER ([e-mail]) Attorneys for Defendant

Dated: February 9, 2009

LAW OFFICES OF ELLYN MOSCOWITZ, P.C.

By: /s/ ELLYN MOSCOWITZ ([e-mail]) Attorney for Plaintiffs IT IS HEREBY ORDERED, as the parties have stipulated, that Plaintiffs' First Amended Complaint in Marvin Lake and Juan Gutierrez et al. v. Irish Construction and Irish Communication Co. Case No. 2:08-CV-02661-JAM-KJM, a copy of which is attached hereto, is deemed filed and served.

Dated: February 9, 2009 /s/ John A. Mendez JOHN A. MENDEZ US District Court

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STIPULATION to Amend Complaint