Osterkamp v. Broadspectrum Downstream Services, Inc.

Filing 10

ORDER signed by District Judge Stanley A Bastian on 11/8/2016 GRANTING 9 Stipulated Motion for Leave to File Amended Complaint. Defendant shall have 21 days after the filing of Plaintiff's Amended Complaint to file any response. Clerk to docket Plaintiff's Amended Complaint, located at ECF No. 9 , Exhibit 1. (Zignago, K.)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 AT SACRAMENTO 9 10 ROBERT OSTERKAMP, an individual, 11 Plaintiff, 12 v. No. 2:16-cv-02064-SB ORDER GRANTING 13 BROADSPECTRUM DOWNSTREAM STIPULATED MOTION FOR 14 SERVICES, INC., a Delaware corporation, LEAVE TO FILE PLAINTIFF’S 15 d/b/a TRANSFIELD SERRVICES INC., AMENDED COMPLAINT 16 d/b/a TIMEC INC., and DOES 1-25, 17 Defendants. 18 19 Before the Court is the parties’ Stipulation Requesting Leave to File an 20 Amended Complaint, ECF No. 9. Plaintiff’s Complaint, ECF No. 1, was filed on 21 August 29, 2016. Defendant filed its First Amended Answer on October 14, 2016. 22 ECF No. 8. Fed. R. Civ. P. 15(a)(2) provides that where a party is not entitled to 23 amend as a matter of course, “a party may amend its pleading only with the 24 opposing party’s written consent or the court’s leave.” The parties certify that they 25 have agreed that Plaintiff should be given leave to file his First Amended 26 Complaint and stipulated to the filing of Plaintiff’s Amended Complaint. ECF 27 No. 9. The Court finds good cause to grant the motion and docket the proposed 28 amended complaint. ORDER GRANTING STIPULATED MOTION FOR LEAVE TO FILE PLAINTIFF’S AMENDED COMPLAINT + 1 1 2 3 4 Accordingly, IT IS ORDERED: 1. Parties’ Stipulated Motion for Leave to File Plaintiff’s Amended Complaint, ECF No. 9, is GRANTED. 2. Defendant shall have 21 days after the filing of Plaintiff’s Amended 5 Complaint to file any response thereto. 6 IT IS SO ORDERED. The District Court Clerk is hereby directed to enter 7 this Order, provide copies to counsel and docket Plaintiff’s Amended Complaint, 8 located at ECF No. 9, Exhibit 1. 9 DATED this 8th day of November 2016. 10 11 12 _______________________________ Stanley A. Bastian United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER GRANTING STIPULATED MOTION FOR LEAVE TO FILE PLAINTIFF’S AMENDED COMPLAINT + 2

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