Preston Pipelines, Inc. v. HD Supply Waterworks Group, Inc., et al

Filing 17

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 04/26/17 ORDERING that defendant HD Supply Waterworks Group, Inc. is CORRECTED to defendant HD Supply Waterworks Group, Ltd. (Benson, A)

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D. MICHAEL SCHOENFELD, SBN 102332
MIKHAIL PARNES, SBN 300922
MURPHY AUSTIN ADAMS SCHOENFELD LLP
555 Capitol Mall, Suite 850
Sacramento, California 95814
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Email:
[e-mail]
Attorneys for Plaintiff
PRESTON PIPELINES, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

M URPHY A USTIN A DAMS S CHOEN FELD LLP

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PRESTON PIPELINES, INC.,

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Plaintiff,

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v.

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Case No. 2:17-cv-00356-TLN-AC
STIPULATION AND ORDER TO
CORRECT NAME OF DEFENDANT
ERRONEOUSLY SUED AS HD SUPPLY
WATERWORKS GROUP, INC.

HD SUPPLY WATERWORKS GROUP,
INC., a Delaware corporation; NORTH
AMERICAN PIPE CORPORATION, a
Delaware corporation; and DOES 1
through 100, inclusive,

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Defendants.

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IT IS HEREBY STIPULATED BY AND AMONG THE PARTIES, THROUGH THEIR
ATTORNEYS OF RECORD, AS FOLLOWS:
1.

WHEREAS, Plaintiff Preston Pipelines, Inc. (“Preston”) erroneously sued HD

Supply Waterworks Group, Inc. (“HD, Inc.”).
2.

WHEREAS, HD Supply Waterworks, Ltd. (“HD, Ltd.”) filed an Answer on its

behalf indicating that Preston erroneously sued HD, Inc.
NOW THEREFORE, THE PARTIES STIPULATE AND AGREE AS FOLLOWS,

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PURSUANT TO UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF

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CALIFORNIA CIVIL LOCAL RULE 143:

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1.

THAT HD, Ltd. is the proper defendant, not HD, Inc.
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STIPULATION AND ORDER TO CORRECT NAME OF DEFENDANT ERRONEOUSLY SUED AS HD
SUPPLY WATERWORKS GROUP, INC. 2:17-CV-00356-TLN-AC
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THAT the allegations against HD, Inc. in Preston’s Complaint are deemed to be

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2.

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against HD, Ltd.

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3.

THAT Preston asserts no causes of action against HD, Inc.

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4.

THAT Preston need not file a First Amended Complaint to name HD, Ltd.

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5.

THAT North American Pipe Corporation (a) joins in this stipulation only with

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respect to WHEREAS paragraph nos. 1, 2 and paragraph nos. 2, 3, 4 in the second set of

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numbered paragraphs, and (b) does not oppose the other parties’ stipulation at paragraph no. 1 in

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the second set of numbered paragraphs.

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Dated: April 26, 2017

MURPHY AUSTIN ADAMS SCHOENFELD LLP

M URPHY A USTIN A DAMS S CHOEN FELD LLP

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By: /s/ D. Michael Schoenfeld
D. MICHAEL SCHOENFELD
MIKHAIL PARNES
Attorneys for Plaintiff
PRESTON PIPELINES, INC.

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Dated: April 26, 2017

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HAWKINS PARNELL THACKSTON & YOUNG
LLP

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By: /s/ Kate Wade

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MIRNA J. SCHEFFY
BRAD WHALEN
KATE WADE
Attorneys for Defendants,
NORTH AMERICAN PIPE CORPORATION
AND HD SUPPLY WATERWORKS,
LTD.(ERRONEOUSLY SUED AS HD
SUPPLY WATERWORKS GROUP, INC.)

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-2STIPULATION AND ORDER TO CORRECT NAME OF DEFENDANT ERRONEOUSLY SUED AS HD
SUPPLY WATERWORKS GROUP, INC. 2:17-CV-00356-TLN-AC
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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: April 26, 2017
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Troy L. Nunley
United States District Judge

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M URPHY A USTIN A DAMS S CHOEN FELD LLP

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-3STIPULATION AND ORDER TO CORRECT NAME OF DEFENDANT ERRONEOUSLY SUED AS HD
SUPPLY WATERWORKS GROUP, INC. 2:17-CV-00356-TLN-AC
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