Truckee Donner Public Utility District v. Hunt, et al

Filing 13

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 03/30/11. IT IS HEREBY FURTHER STIPULATED by and between the parties that the parties may supplement or amend the Joint Status Report within thirty (30) days of service of the new Defendant, First National Insurance Company of America, in this matter.(Williams, D)

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-EFB (TEMP) Truckee Donner Public Utility District v. Hunt, et al Doc. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICE OF PORTER SIMON Professional Corporation 40200 Truckee Airport Road Truckee, CA 96161 Telephone: (530) 587-2002 Facsimile: (530) 587-1316 JAMES E. SIMON SBN 62792 PETER H. CUTTITTA SBN 76176 BRIAN C. HANLEY SBN 229729 PORTER SIMON Professional Corporation 40200 Truckee Airport Road, Suite 1 Truckee, CA 96161 Telephone: (530) 587-2002 Facsimile: (530) 587-1316 Attorneys for Plaintiff TRUCKEE DONNER PUBLIC UTILITY DISTRICT UNITED STATES DISTRICT COURT EASTERN DISTRICT OF SACRAMENTO TRUCKEE DONNER PUBLIC UTILITY DISTRICT, Plaintiff, vs. GREGORY LEE HUNT, dba HUNT'S EXCAVATING; UNITED STATES OF AMERICA, DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE; LABOR COMMISSIONER OF THE STATE OF CALIFORNIA DIVISION OF LABOR STANDARDS ENFORCEMENT, and DOES 1 through 20, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:11-CV-00213-FCD-EFB STIPULATION AND ORDER TO FILE FIRST AMENDED COMPLAINT IN INTERPLEADER IT IS HEREBY STIPULATED by and between the parties having appeared in this case, through their respective counsel of record, that the Plaintiff Truckee Donner Public Utility District may file its First Amended Complaint in Interpleader pursuant to Federal Rule of Civil Procedure 15(a)(2), which first amendment is sought (i) to replace Defendant United States of America, Department of Treasury Internal Revenue Service with Defendant United States of PAGE 1 STIPULATION AND ORDER TO FILING OF FIRST AMENDED COMPLAINT IN INTERPLEADER Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICE OF PORTER SIMON Professional Corporation 40200 Truckee Airport Road Truckee, CA 96161 Telephone: (530) 587-2002 Facsimile: (530) 587-1316 America, (ii) to add Defendant First National Insurance Company of America as a Defendant, and (iii) to amend certain allegations in light of the removal of this case from California Superior Court by Defendant United States of America. A true and correct copy of the proposed First Amended Complaint is marked Exhibit A, attached hereto and incorporated herein by reference. IT IS HEREBY FURTHER STIPULATED by and between the parties having appeared in this case, through their respective counsel of record, that the parties may supplement or amend the Joint Status Report within thirty (30) days of service of the new Defendant, First National Insurance Company of America, in this matter. DATED: March 29, 2011 PORTER SIMON Professional Corporation _/s/__________________________ JAMES E. SIMON Attorneys for Plaintiff TRUCKEE DONNER PUBLIC UTILITY DISTRICT BENJAMIN B. WAGNER United States Attorney /s/ Richard A. Schwartz RICHARD A. SCHWARTZ (#267469) Trial Attorney, Tax Division U.S. Department of Justice P.O. Box 683, Ben Franklin Station Washington, D.C. 20044-0683 Telephone: (202) 307-6322 Attorneys for the United States of America DATED: March 29, 2011 _/s/__________________________ RAMON YUEN-GARCIA Attorneys for Defendant LABOR COMMISSIONER OF THE STATE OF CALIFORNIA DIVISION OF LABOR STANDARDS ENFORCEMENT DATED: March 29, 2011 IT IS SO ORDERED. DATED: March 30, 2011 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE PAGE 2 STIPULATION AND ORDER TO FILING OF FIRST AMENDED COMPLAINT IN INTERPLEADER

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