Rex Moore Electrical Contractors & Engineers v. HBE Corporation, et al.

Filing 13

STIPULATION and ORDER signed by Judge John A. Mendez on 10/6/15 ORDERING the court accepts the parties' stipulation. Plaintiff shall have leave to file an amended complaint; defendants waive notice and service of the amended complaint and shal l file their answer to the amended complaint within the time permitted by the Federal Rules of Civil Procedure; and counterdefendants' denials, responses and affirmative defenses contained in the answer to the original counterclaim filed on September 16, 2015 shall be responsive to the counterclaim filed with the answer to the amended complaint. (Becknal, R)

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Patrick T. Markham – State Bar No. 114542
Katie R. Hampton – State Bar No. 296597
JACOBSON MARKHAM, L.L.P.
8950 Cal Center Drive, Suite 210
Sacramento, CA 95826
Tel: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Plaintiff and counterdefendants

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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(SACRAMENTO DIVISION)

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v.

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STIPULATION
FOR
LEAVE
AMEND THE COMPLAINT

Plaintiff,

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Case No: 2:15-cv-01905-JAM-AC

REX
MOORE
ELECTRICAL
CONTRACTORS
&
ENGINEERS,
a
California General Partnership,

HBE CORPORATION, dba HOSPITAL
BUILDING AND EQUIPMENT COMPANY,
a Delaware corporation, THE TRAVELERS
COMPANIES, INC., dba TRAVELERS
CASUALTY AND SURETY COMPANY OF
AMERICA, a Connecticut corporation, CNA
FINANCIAL
CORPORATION,
dba
CONTINENTAL CASUALTY COMPANY,
an Illinois corporation, and DOES 1 through
30, inclusive,

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Defendants.
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HBE CORPORATION, dba HOSPITAL
BUILDING AND EQUIPMENT COMPANY,
a Delaware corporation,

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Counterclaimant,

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Jacobson Markham
Sacramento, California

v.
REX

MOORE

ELECTRICAL
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STIPULATION FOR LEAVE TO AMEND THE COMPLAINT

TO

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CONTRACTORS
&
ENGINEERS,
a
California General Partnership; REX MOORE
ELECTRICAL
CONTRACTORS
&
ENGINEERS, INC., a California corporation;
REX MOORE GROUP, INC., a California
corporation; STEVEN REX MOORE, an
individual; DAVID REX MOORE, an
individual;
WILLIAM
CLIFFORD
HUBBARD, an individual; and ROES 1-20,

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Counterdefendants.

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______________________________________

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IT IS HEREBY STIPULATED by and between the parties through their respective attorneys
of record that Plaintiff Rex Moore Electrical Contractors may file an amended complaint, a copy of
which is attached hereto as Exhibit A.

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IT IS FURTHER STIPULATED that the defendants waive notice and service of the
amended complaint and shall file an answer to the amended complaint within the time provided in
the Federal Rules of Civil Procedure.

the same counter claim filed by counterclaimants on September 16, 2015.

Furthermore,

counterdefendants’ denials, responses and affirmative defenses contained in their answer to the
original counterclaim filed on September 16, 2015 shall be deemed to be responsive to the
counterclaim filed with the answer to the amended complaint.

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Defendants answer to the amended complaint will include

A signed copy of this stipulation shall have the same force and effect as the original
document.

IT IS SO STIPULATED.

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Dated: October 2, 2015

ROGERS NEMETH GERMAIN PC

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/S/ Christopher M. Rogers
By: CHRISTOPHER M. ROGERS
Attorneys for defendants and counterclaimants

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Jacobson Markham
Sacramento, California

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SIGNATURE ATTESTATION
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STIPULATION FOR LEAVE TO AMEND THE COMPLAINT

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Pursuant to Civil Local Rule, I hereby certify that authorization for the filing of this

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document has been obtained from each of the other signatories shown above and that all signatories

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concur in the filing’s content

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Dated: October 2, 2015

JACOBSON MARKHAM, L.L.P.

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/S/ Patrick T. Markham
By: PATRICK T. MARKHAM
Attorneys for plaintiff and counterdefendants

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Jacobson Markham
Sacramento, California

-3STIPULATION FOR LEAVE TO AMEND THE COMPLAINT

ORDER

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IT IS HEREBY ORDERED, the court accepts the parties’ stipulation. Plaintiff shall have
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leave to file an amended complaint; defendants waive notice and service of the amended complaint
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and shall file their answer to the amended complaint within the time permitted by the Federal Rules
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of Civil Procedure; and counterdefendants’ denials, responses and affirmative defenses contained in
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the answer to the original counterclaim filed on September 16, 2015 shall be responsive to the
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counterclaim filed with the answer to the amended complaint.
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.
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October 6, 2015

/s/ John A. Mendez
JOHN A. MENDEZ
Judge of the United States District Court

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Jacobson Markham
Sacramento, California

-4STIPULATION FOR LEAVE TO AMEND THE COMPLAINT