Ramirez v. Western Refining Retail, LLC

Filing 13

ORDER signed by Chief District Judge Kimberly J. Mueller on 11/16/2020 ORDERING that Plaintiff may file the Second Amended Complaint. The clerk is hereby directed to file the Second Amended Complaint. The Second Amended Complaint is DEEMED served as of the date of this order, and Defendant shall file a responsive pleading within 21 days of this order.(Reader, L)

1
2
3
4
5
6
7
8

MAYALL HURLEY P.C.
ROBERT J. WASSERMAN (SBN: 258538)
[e-mail]
JOHN P. BRISCOE (SBN: 273690)
[e-mail]
RACHEL ALLGAIER (SBN: 318664)
[e-mail]
2453 Grand Canal Boulevard
Stockton, California 95207-8253
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Joanna Ramirez

9
IN THE UNITED STATES DISTRICT COURT

10

FOR THE EASTERN DISTRICT OF CALIFORNIA

11
12

JOANNA RAMIREZ, an individual,
Plaintiff,

13
14
15
16

vs.

Case No.: 2:20−CV−01671−KJM−CKD
STIPULATED ORDER PERMITTING
FILING OF SECOND AMENDED
COMPLAINT

WESTERN REFINING RETAIL, LLC, a
limited liability company; and DOES 1-100,
inclusive,

17
18

Defendants.

19
20

IT IS HEREBY STIPULATED between Plaintiff Joanna Ramirez (“Plaintiff”) and

21

Defendant Western Refining Retail, LLC (“Defendant”) that (1) Plaintiff shall have leave to file

22

the Second Amended Complaint (“SAC”) attached hereto as Exhibit A provided Defendant shall

23

have all rights to contest the SAC, including by motion or other responsive pleading, on any and all

24

grounds, (2) the SAC shall be deemed served as of the date this stipulation is approved by the

25
26
27
28

Stipulated Order Permitting Filing of Second Amended Complaint
Page 1 of 3

1

above-captioned Court, and (3) Defendant shall have twenty-one (21) days from the date of service

2

to respond to the SAC.

3

DATED: November 5, 2020

MAYALL HURLEY P.C.

4
By

5
6
7

/s/ John P. Briscoe
ROBERT J. WASSERMAN
JOHN P. BRISCOE
RACHEL ALLGAIER
Attorneys for Plaintiff

8
9

DATED: November 5, 2020

SHOOK, HARDY & BACON L.L.P.

10
11
12
13

By:
Jesus J. Torres
William C. Martucci (pro hac
vice forthcoming)
Kristen A. Page (pro hac vice
forthcoming)

14
15
16

Attorneys for Defendant
Western Refining Retail, LLC

17
18
19
20
21
22
23
24
25
26
27
28

Stipulated Order Permitting Filing of Second Amended Complaint
Page 2 of 3

ORDER

1
2

Having reviewed the terms of the parties’ above stipulation, and for good cause showing, IT

3

IS HEREBY ORDERED that Plaintiff may file the Second Amended Complaint (submitted as

4

Exhibit A to the aforementioned stipulation). The clerk is hereby directed to file the Second

5

Amended Complaint. The Second Amended Complaint is deemed served as of the date of this

6

order, and Defendant shall file a responsive pleading within twenty-one (21) days of this order.

7
8

IT IS SO ORDERED.
DATED: November 16, 2020.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Stipulated Order Permitting Filing of Second Amended Complaint
Page 3 of 3