Segalman v. Southwest Airlines Co.

Filing 49

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 8/10/2015 ORDERING that Plaintiff's request to file a Third Amended Complaint is hereby GRANTED. Southwest shall have until 9/18/2015 to file a motion to dismiss the Third Amended Complaint or otherwise respond to the complaint. (Zignago, K.)

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DAVID C. WAKEFIELD, ESQ., SBN 185736
Law Offices of David C. Wakefield
10620 Treena Street, Suite 230
San Diego, CA 92131
Telephone: [phone]
Facsimile: 619.342.7755
E-mail: [e-mail]

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Attorneys for Plaintiff ROBERT SEGALMAN

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TIMOTHY J. RYAN, SBN 99542
REBEKKA MARTORANO, SBN 173600
THE RYAN LAW GROUP
2379 Gateway Oaks Drive, Suite 100
Sacramento, California 95833
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendant SOUTHWEST AIRLINES CO.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO

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ROBERT SEGALMAN

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Case No. 11-cv-01800-MCE - CKD

Plaintiff,
STIPULATION AND ORDER
REGARDING FILING OF THIRD
AMENDED COMPLAINT AND TIME
TO FILE MOTION TO DISMISS
SOUTHWEST AIRLINES; and DOES 1 THIRD AMENDED COMPLAINT

v.

through 10, Inclusive

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Defendants.

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STIPULATION AND ORDER REGARDING FILING OF THIRD AMENDED COMPLAINT AND TIME
TO FILE MOTION TO DISMISS THIRD AMENDED COMPLAINT

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The parties previously met and conferred regarding the preparation of a joint status

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report, including addressing Plaintiff’s intention to file an amended complaint and Southwest

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Airlines Co.’s intent to challenge the complaint by way of a motion to dismiss. The parties’

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agreement was reflected in the joint status report submitted by the parties on June 18, 2015

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(Docket No. 46), as follows:

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“Plaintiff will seek leave to file or otherwise submit a stipulation of the parties to file a

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Third Amended Complaint in light of the Ninth Circuit’s decision of May 13, 2015. Southwest

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stipulates to Plaintiff filing an amended complaint provided that Southwest is provided with a

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reasonable time to challenge the amended complaint by way of a motion to dismiss.

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The parties propose the following time-line in this regard:

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Plaintiff to file his Third Amended Complaint on or before July 31, 2015

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Southwest to file its Motion to Dismiss on or before September 18, 2015.”

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On July 31, 2015, Plaintiff filed his Third Amended Complaint (Docket No. 47). As

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previously represented, Southwest stipulates to Plaintiff filing the amended complaint provided

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that Southwest is provided with reasonable time to challenge the amended complaint by way of a

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motion to dismiss.

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The parties agree that a deadline of September 18, 2015 is reasonable for the filing of
Southwest’s motion to dismiss.
IT IS SO STIPULATED.
DATED: August 3, 2015

LAW OFFICES OF DAVID C. WAKEFIELD

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By:

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DATED: August 3, 2015

/s/ David C. Wakefield
DAVID C. WAKEFIELD, Esq.
Attorneys for Plaintiff

RYAN LAW GROUP
By:

/s/ Rebekka R. Martorano
REBEKKA R. MARTORANO, Esq.
Attorneys for Defendant Southwest Airlines Co.

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STIPULATION AND ORDER REGARDING FILING OF THIRD AMENDED COMPLAINT AND TIME
TO FILE MOTION TO DISMISS THIRD AMENDED COMPLAINT

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ORDER

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Pursuant to the stipulation of the parties and good cause appearing, Plaintiff’s request to

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file a Third Amended Complaint is hereby granted. Southwest shall have until September 18,

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2015 to file a motion to dismiss the Third Amended Complaint or otherwise respond to the

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complaint.

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IT IS SO ORDERED.
Dated: August 10, 2015

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STIPULATION AND ORDER REGARDING FILING OF THIRD AMENDED COMPLAINT AND TIME
TO FILE MOTION TO DISMISS THIRD AMENDED COMPLAINT

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