Dimitre v. California State University Employees' Union et al

Filing 10

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 11/28/17 GRANTING LEAVE for plaintiff to file and serve a Second Amended Complaint by 11/29/17; defendants CSEA and CSUEU shall have 21 days from the date of service within which to respond to the Second Amended Complaint. (Benson, A.)

1 Jason H Jasmine, Bar No. 215757
[e-mail]
2 James W. Henderson, Jr., Bar No. 71170
[e-mail]
3 MESSING ADAM & JASMINE LLP
980 9th Street, Suite 380
4 Sacramento, California 95814
Telephone:
916.446.5297
5 Facsimile:
916.448.5047
6 Attorneys for Defendants CALIFORNIA STATE
EMPLOYEES ASSOCIATION and
7 CALIFORNIA STATE UNIVERSITY
EMPLOYEES UNION
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION
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11 THOMAS DIMITRE,

Case No. 2:17-CV-01698-KJM-DB

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STIPULATION RE FILING OF SECOND
AMENDED COMPLAINT AND ORDER
THEREON

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Plaintiff,
v.

14 CALIFORNIA STATE UNIVERSITY
EMPLOYEES UNION, et al.,
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Defendants.
16

The Hon. Kimberly J. Mueller, Dept. 3
Action Filed:
Trial Date:

August 15, 2017
None set.

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MESSING ADAM &
JASMINE LLP
ATTORNEYS AT LAW

00043142-1

1
STIPULATION RE FILING OF SECOND AMENDED COMPLAINT AND ORDER THEREON

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WHEREAS, this action was initiated with the filing of a Complaint by the Plaintiff on or

2 about August 15, 2017; and
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WHEREAS, prior to serving the Complaint on the Defendants, the Plaintiff filed a First

4 Amended Complaint, and served both the Complaint and First Amended Complaint on Defendants
5 California State Employees Association (“CSEA”) and California State University Employees
6 Union (“CSUEU”) on October 24, 2017; and
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WHEREAS, the parties stipulated to an extension of time for Defendants CSEA and

8 CSUEU to respond to the Complaint and First Amended Complaint to November 29, 2017; and
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WHEREAS, on November 14, 2017, Defendants sent a meet and confer letter to the

10 Plaintiff requesting that the Plaintiff voluntarily agree to amend the Complaint relating to certain
11 alleged deficiencies in the First Amended Complaint; and
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WHEREAS, Plaintiff has agreed to voluntarily prepare a Second Amended Complaint; and

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WHEREAS, since the Complaint has already been amended once as a matter of course, it

14 is necessary to obtain an order permitting the filing and service of a Second Amended Complaint;
15 and
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WHEREAS, to give the Defendants sufficient time to review the Second Amended

17 Complaint with respect to its pleading sufficiency and to draft an appropriate response;
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IT IS HEREBY STIPULATED AND AGREED, AND AN ORDER IS REQUESTED BY

19 THE COURT as follows:
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1.

That leave be granted to permit Plaintiff to file and serve a Second Amended

21 Complaint on or before November 29, 2017; and
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2.

Defendants CSEA and CSUEU shall have 21 days from the date of service within

23 which to respond to the Second Amended Complaint.
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MESSING ADAM &
JASMINE LLP
ATTORNEYS AT LAW

00043142-1

2
STIPULATION RE FILING OF SECOND AMENDED COMPLAINT AND ORDER THEREON

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3 Dated: November 22, 2017
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By
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/s/ Thomas Dimitre
Thomas Dimitre
Plaintiff

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I hereby agree to the terms of this Stipulation.

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I hereby agree to the terms of this Stipulation.

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Dated: November 22, 2017

MESSING ADAM & JASMINE LLP

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By

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/s/ James W. Henderson, Jr.
Jason H Jasmine
James W. Henderson, Jr.
Attorneys for Defendants CALIFORNIA STATE
EMPLOYEES ASSOCIATION and CALIFORNIA
STATE UNIVERSITY EMPLOYEES UNION

ORDER

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The parties having so stipulated and good cause appearing therefore, IT IS HEREBY

21 ORDERED:
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1.

Plaintiff is granted leave to file and serve a Second Amended Complaint on or

23 before November 29, 2017;
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2.

Defendants CSEA and CSUEU shall have 21 days from the date of service within

25 which to respond to the Second Amended Complaint.
26 DATED: November 28, 2017.
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UNITED STATES DISTRICT JUDGE
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MESSING ADAM &
JASMINE LLP
ATTORNEYS AT LAW

00043142-1

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STIPULATION RE FILING OF SECOND AMENDED COMPLAINT AND ORDER THEREON