Hatzis v. FedEx Ground Package System, Inc. et al

Filing 13

STIPULATION and ORDER Regarding Plaintiff's First Amended Complaint signed by District Judge John A. Mendez on 11/28/17. Defendants shall have thirty (30) days from the filing and service of the First Amended Complaint to file a responsive pleading to the First Amended Complaint.(Mena-Sanchez, L)

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MATTHEW J. RUGGLES (SBN 173052)
RUGGLES LAW FIRM
7940 CALIFORNIA AVENUE
FAIR OAKS, CA 95628
TEL: [phone]
FAX: [phone]
[e-mail]

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ATTORNEY FOR PLAINTIFF
JOHN HATZIS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JOHN HATZIS,
Plaintiff,

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vs.

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FEDEX GROUND PACKAGE SYSTEM,
INC., a Delaware corporation,

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Case No.: 2:17-CV-01645-JAM-KJN
STIPULATION AND ORDER
REGARDING PLAINTIFF’S FIRST
AMENDED COMPLAINT
[FRCP 15(a)(2)]

Defendant.

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1 –  STIPULATION REGARDING PLAINTIFF’S FIRST AMENDED COMPLAINT 

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Plaintiff JOHN HATZIS and Defendants FEDEX GROUND PACKAGE SYSTEM,

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INC., and GARY JORDAN, by and through their attorneys of records, hereby stipulate and

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agree as follows:

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1.

On August 15, 2017, Defendants filed a Motion to Dismiss the Complaint

[Docket No. 5] pursuant to FRCP 12(b)(6), which initially was set for hearing on October 17,

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2017;
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2.

On October 3, 2017, the District Court issued a minute order [Docket No. 7]

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dismissing Defendants’ Motion to Dismiss, without prejudice;
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3.

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After receiving the District Court’s October 3, 2017 minute order, counsel for

both parties met and conferred regarding the alleged issues identified in Defendants’ Motion to
Dismiss the Complaint.
4.

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Plaintiff’s counsel proposed a First Amended Complaint (attached hereto as

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Exhibit A) to counsel for Defendants that Plaintiff’s counsel contends addresses the issues

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identified in Defendants’ Motion to Dismiss the Complaint.

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5.

After reviewing the proposed First Amended Complaint, counsel for Defendants

agreed that Plaintiff JOHN HATZIS may file the First Amended Complaint with the District
Court.

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6.

Defendants shall have thirty (30) days from the filing and service of the First

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Amended Complaint to file a responsive pleading to the First Amended Complaint
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2 –  STIPULATION REGARDING PLAINTIFF’S FIRST AMENDED COMPLAINT 

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Accordingly, the parties stipulate and request an order from the District Court

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permitting Plaintiff JOHN HATZIS to file the First Amended Complaint pursuant to FRCP

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15(a)(2).

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IT IS SO STIPULATED.
DATED: November 22, 2017

RUGGLES LAW FIRM

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By:_____/s/ Matthew J. Ruggles____________
MATTHEW J. RUGGLES
Attorney for Plaintiff
JOHN HATZIS

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DATED: November 22, 2017

SCHIFF HARDIN LLP

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By:_/s/ William J. Carroll (authorized 11/22/2017)
WILLIAM J. CARROLL
MATTHEW W. CALLAHAN
Attorney for Defendants
FEDEX GROUND PACKAGE SYSTEM,
INC. and GARY JORDAN

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IT IS SO ORDERED.
DATED: November 28, 2017

/s/ JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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_____________________________________________________________________________________ 
3 –  STIPULATION REGARDING PLAINTIFF’S FIRST AMENDED COMPLAINT