Saud v. State of California, Department of Health Care Services

Filing 21

ORDER signed by Judge Garland E. Burrell, Jr. on 7/29/2015 ORDERING 20 that Plaintiff is GRANTED five days leave from the date on which this order is filed to file the Second Amended Complaint attached to the Stipulation as Exhibit A. (Reader, L)

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J. Edward Brooks, SBN: 247767
GAVRILOV & BROOKS
2315 Capitol Avenue
Sacramento, CA 95816
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorney for Plaintiff
PHILIPP K. SAUD

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PHILIPP K. SAUD,
Plaintiff,

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v.

No. 2:14-cv-02536-GEB-AC
STIPULATION AND ORDER GRANTING
LEAVE TO FILE SECOND AMENDED
COMPLAINT

STATE OF CALIFORNIA,
DEPARTMENT OF HEALTH CARE
SERVICES,
Defendant.

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Plaintiff PHILIPP K. SAUD (“Plaintiff”) and Defendant STATE OF CALIFORNIA,

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DEPARTMENT OF HEALTH CARE SERVICES (“Defendant”) submit the following Stipulation

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and request that the Court grant Plaintiff leave to file a Second Amended Complaint pursuant to Rule

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15(a) of the Federal Rules of Civil Procedure:

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1.

Plaintiff filed his Complaint on October 29, 2014 in the United States District Court,

Eastern District of California;
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On November 20, 2014 Defendant filed Defendant’s Motion to Dismiss Complaint;

For More Definite Statement (FRCP 12b6, 12e);
3.

On December 8, 2014 Plaintiff filed his Opposition to Defendant’s Motion to Dismiss

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Or For More Definite Statement. In Plaintiff’s Opposition he decided not to pursue his claims under

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Count 16 of the Complaint and stated that he had no opposition to the dismissal of Count 16.
1.
STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO FILE SECOND
AMENDED COMPLAINT

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4.

On July 15, 2015 the Court filed its Order Granting Defendant’s Motion To Dismiss,

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granting Plaintiff ten days leave from the date on which the Order was filed to file an amended

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complaint addressing the stated deficiencies in any dismissed claim.

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5.

On July 27, 2015 Plaintiff filed his First Amended Complaint addressing portions of

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certain counts dismissed by the Court1. However, Plaintiff inadvertently left Count 16 in the First

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Amended Complaint.

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6.

Counsel for Defendant contacted Plaintiff’s counsel and pointed out that Count 16

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remained in the First Amended Complaint. Plaintiff’s counsel agreed to file a Second Amended

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Complaint to cure the deficiency so that Defendant would not have to file a motion to dismiss Count

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16.

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NOW, THEREFORE, the parties hereby stipulate and request that the Court grant Plaintiff

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leave to file a Second Amended Complaint in this action, a true and correct copy of which is

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attached hereto as Exhibit A.

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IT IS SO STIPULATED.

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GAVRILOV & BROOKS

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Dated: July 28, 2015

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/S/ J. Edward Brooks
J. Edward Brooks
Attorney for Plaintiff
Philipp K. Saud
KAMALA D. HARRIS
ATTORNEY GENERAL OF CALIFORNIA

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Dated: July 28, 2015

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/S/ Kristin M. Daily
Kristin M. Daily
Attorney for Defendant
State of California Department of Health
Care Services

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The 10th day to file an amended complaint fell on a Saturday thus making July 27, 2015 the last
day to file pursuant to Rule 6 of the Federal Rules of Civil Procedure.
2.
STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO FILE SECOND
AMENDED COMPLAINT

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ORDER
IT IS HEREBY ORDERED that Plaintiff is granted five days leave from the date on which
this order is filed to file the Second Amended Complaint attached to the Stipulation as Exhibit A.
Dated: July 29, 2015

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3.
STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO FILE SECOND
AMENDED COMPLAINT