McCrary v. Campbell Soup Supply Company, LLC et al

Filing 26

ORDER signed by Judge Garland E. Burrell, Jr on 1/28/14: Defendant shall cause the First Amended Answer to be filed within ten days of the entry of this Order. (Kaminski, H)

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RONALD W. BROWN, ESQ. (SBN 107340)
BARBARA A. COTTER, ESQ. (SBN 142590)
CARRIE E. BUSHMAN, ESQ. (SBN 186130)
COOK BROWN, LLP
555 CAPITOL MALL, SUITE 425
SACRAMENTO, CALIFORNIA 95814
T.: 916.442.3100 | F.: 916.442.4227
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant CAMPBELL SOUP SUPPLY
COMPANY, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANNY McCRARY, on behalf of himself
and all others similarly situated, and on
behalf of the, general public ,
Plaintiff,

Case No. 2:13-cv-01332-GEB-KJN
[PROPOSED] ORDER MODIFYING
THE SCHEDULING ORDER TO
ALLOW DEFENDANT CAMPBELL
SOUP SUPPLY COMPANY TO FILE A
FIRST AMENDED ANSWER TO THE
SECOND AMENDED COMPLAINT
[FRCP 15; FRCP 16; ED LOCAL RULE
220]

v.
CAMPBELL SOUP SUPPLY COMPANY,
LLC, a Delaware limited liability company,
CAMPBELL SOUP COMPANY, a New
Jersey corporation, AND DOES 1 -10
inclusive,
Defendants.

Action Filed: June 3, 2013

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WHEREAS the Second Amended Complaint in this matter was filed October 3,
2013; and
WHEREAS, Defendant, Campbell Soup Supply Company LLC (“Campbell
Supply”) filed an answer to the Second Amended Complaint on November 1, 2013; and

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WHEREAS, in the Pretrial Scheduling Order dated October 23, 2013, this Court

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provided that no further amendments to pleadings would be permitted except with leave

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of Court for good cause shown; and

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ORDER MODIFYING THE SCHEDULING ORDER TO ALLOW DEFENDANT TO FILE A FIRST
AMENDED ANSWER TO THE SECOND AMENDED COMPLAINT
G:\DOCS\GEB\DGEB2\ORDERS FOR
SIGNATURE\Amended Answer - Stip & Order.docx

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WHEREAS, the attached Declaration of Counsel establishes good cause for filing an
amended answer; and
WHEREAS plaintiff, through his counsel, has no objections to the filing of the
amended answer; and

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WHEREAS, the initial pretrial scheduling conference in this matter was continued

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to August 18, 2014, and, as such, the parties have not yet exchanged initial disclosures or

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propounded formal discovery, and no trial has been scheduled, so that the proposed

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amendment will not prejudice any party; and

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WHEREAS there has been no undue delay in seeking Court approval;

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The Court hereby enters the following order:

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1. The Scheduling Order is hereby modified to allow for the filing of the proposed

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First Amended Answer to the Second Amended Complaint;
2. Defendant shall cause the First Amended Answer to be filed within ten days of
the entry of this Order.

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IT IS SO ORDERED.

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Dated: January 28, 2014

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APPROVED AS TO FORM:

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DATED: January 27, 2014

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_________/s/Daniel Gaines _________________
DANIEL GAINES
COUNSEL FOR PLAINTIFF

ORDER MODIFYING THE SCHEDULING ORDER TO ALLOW DEFENDANT TO FILE A FIRST
AMENDED ANSWER TO THE SECOND AMENDED COMPLAINT
G:\DOCS\GEB\DGEB2\ORDERS FOR
SIGNATURE\Amended Answer - Stip & Order.docx

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