DeMartini, et al. v. DeMartini, et al.

Filing 72

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/28/2015 ORDERING that Plaintiffs are permitted to file their First Amended Complaint. Defendants/Counter-claimants are permitted to file their proposed Amended Answer and Coun ter-claim. Plaintiffs shall have twenty (20) days from the date of the Courts Order on this Stipulation to respond to the Amended Counterclaim. Entry of the Order on this Stipulation shall not serve to vacate, or otherwise change or effect, the Court's 9/3/2015 Status (Pretrial Scheduling) Order, all of whose provisions shall remain in effect. (Zignago, K.)

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1 2 3 4 5 6 PETER H. CUTTITTA – SBN 76176 PORTER SIMON Professional Corporation 40200 Truckee Airport Road Truckee, CA 96161 Telephone: (530) 587-2002 Facsimile: (530) 587-1316 Attorneys for TIMOTHY P. DEMARTINI and MARGIE DEMARTINI 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 TIMOTHY P. DEMARTINI and MARGIE DEMARTINI, 16 17 18 STIPULATION TO AMEND COMPLAINT AND COUNTER-CLAIM ORDER THEREON Plaintiffs, 14 15 Case No.: 2:14-CV-02722 JAM CKD PS v. MICHAEL J. DEMARTINI, RENATE DEMARTINI aka RENATE B. DEMARTINI, and DOES 1 through XX, inclusive, Defendants. 19 20 \ 21 22 23 24 25 26 27 28 Come now Plaintiffs, acting by and through their counsel of record, and Defendants, in propria persona, and stipulate as follows: 1. Plaintiffs shall be permitted to file the First Amended Complaint attached hereto and incorporated herein by reference as Exhibit “A”, and which is the subject of their pending motion for leave to do so; and 2. Defendants/Counter-claimants shall be permitted to file the proposed Amended Answer and Counter-claim attached hereto and incorporated herein by reference as LAW OFFICE OF PORTER SIMON Professional Corporation 40200 Truckee Airport Rd. Truckee, CA 96161 Telephone: (530) 587-2002 Facsimile: (530) 587-1316 {00543686.DOC 1 } PAGE 1 1 Exhibit “B”, and which is the subject of their pending counter-motion for leave to do 2 so; and 3 3. Plaintiffs shall have twenty (20) days from the date of the Court’s Order on this 4 Stipulation to respond to the Amended Counterclaim; and 5 4. Entry of the Order on this Stipulation shall not serve to vacate, or otherwise change or 6 effect, the Court’s September 3, 2015 Status (Pretrial Scheduling) Order, all of whose 7 provisions shall remain in effect. 8 DATED: September 28, 2015 PORTER SIMON Professional Corporation 9 10 11 ________________________________ Peter H. Cuttitta Attorneys for Plaintiffs TIMOTHY P. DEMARTINI and MARGIE DEMARTINI 12 13 14 15 16 DATED: ________________________________ Michael J. DeMartini Defendant, In Propria Persona DATED: ________________________________ Renate DeMartini Defendant, In Propria Persona 17 18 19 20 21 22 ORDER 23 24 25 26 27 28 Good cause appearing therefore, the Court Orders that: 1. Plaintiffs shall be permitted to file the First Amended Complaint attached hereto and incorporated herein by reference as Exhibit “A”, and which is the subject of their pending motion for leave to do so; and LAW OFFICE OF PORTER SIMON Professional Corporation 40200 Truckee Airport Rd. Truckee, CA 96161 Telephone: (530) 587-2002 Facsimile: (530) 587-1316 {00543686.DOC 1 } PAGE 2 1 2. Defendants/Counter-claimants shall be permitted to file the proposed Amended 2 Answer and Counter-claim attached hereto and incorporated herein by reference as 3 Exhibit “B”, and which is the subject of their pending counter-motion for leave to do 4 so; and 5 6 3. Plaintiffs shall have twenty (20) days from the date of the Court’s Order on this Stipulation to respond to the Amended Counterclaim; and 7 4. Entry of the Order on this Stipulation shall not serve to vacate, or otherwise change or 8 effect, the Court’s September 3, 2015 Status (Pretrial Scheduling) Order, all of whose 9 provisions shall remain in effect. 10 11 Dated: September 28, 2015 12 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 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 Rd. Truckee, CA 96161 Telephone: (530) 587-2002 Facsimile: (530) 587-1316 {00543686.DOC 1 } PAGE 3

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