American Furniture Warehouse Corporation v. American Furniture Gallery, et. al.

Filing 40

ORDER signed by Judge Garland E. Burrell, Jr on 7/9/13 DENYING AS MOOT 31 Motion to Amend the Complaint; Plaintiff shall file the proposed Second Amended Complaint attached as Exhibit 1 to 31 Motion for Leave to File Second Amended Complaint within 3 court days from the date on which this order is filed. Further, a Status Conference is SCHEDULED for 9/30/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AMERICAN FURNITURE WAREHOUSE
CORPORATION dba AMERICAN
FURNITURE GALLERIES,
Plaintiff,

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v.

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AMERICAN FURNITURE GALLERY,
ALAN TRAN, KEVIN TRAN, and DOES
1 through 20, inclusive,

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Defendants.
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2:12-02911-GEB-EFB
ORDER REGARDING PLAINTIFF’S
MOTION FOR LEAVE TO FILE
SECOND AMENDED COMPLAINT AND
SCHEDULING STATUS CONFERENCE

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Since the parties have stipulated to permit Plaintiff “to

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amend the First Amended Complaint to join AFG Bros. Enterprises, Inc.”

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as a defendant (see ECF No. 33-1), Plaintiff is permitted to so amend

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the First Amended Complaint under Federal Rule of Civil Procedure

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15(a)(2); leave of court is not required. Plaintiff shall file the

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proposed Second Amended Complaint attached as Exhibit 1 to its pending

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Motion for Leave to File Second Amended Complaint (ECF No. 31) within

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three (3) court days from the date on which this order is filed.

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Accordingly, Plaintiff’s pending motion to amend is denied as moot.

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Further,

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Status

(Pretrial

Scheduling)

Conference

is

scheduled to commence at 9:00 a.m. on September 30, 2013. A further

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joint status report shall be filed no later than fourteen (14) days

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prior to the Status Conference.

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Dated:

July 9, 2013

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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