Coombs et al v. Munoz

Filing 83

STIPULATION AND ORDER FOR LEAVE TO FILE SECOND AMENDED COMPLAINT. Signed by Judge Jeffrey S. White on 3/1/11. (sis, COURT STAFF) (Filed on 3/1/2011)

Coombs et al v. Munoz

Doc. 83

Case3:09-cv-00192-JSW Document82

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WILLIAM A. WINEBERG (SBN 54827) [e-mail] SUZANNE KLOTZ (SBN 104593) [e-mail] 150 POST STREET, SUITE 742 SAN FRANCISCO, CA 94108 TELEPHONE: [phone] FACSIMILE: [phone] BRYCE L. LETTERMAN (SBN 152801) [e-mail] 4425 JAMBOREE ROAD #115 NEWPORT BEACH, CA 92660 TELEPHONE: [phone] FACSIMILE: [phone] ATTORNEYS FOR PLAINTIFFS, MALCOLM COOMBS, JUDITH COOMBS JONES AND BARTON COOMBS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MALCOLM COOMBS, JUDITH COOMBS JONES, and BARTON COOMBS, Plaintiffs, v. RICHARD M. MUNOZ, as executor of the will of Rogan Mal Coombs, deceased, and RICHARD M. MUNOZ, as an individual, Defendants. Case No. 3:09-CV-00192-JSW STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE SECOND AMENDED COMPLAINT Honorable Jeffrey S. White

Plaintiffs seek leave to file a proposed second amended complaint in this action, in which they allege new claims and add new defendants, based on facts that have recently come to light in discovery in the related action entitled Coombs Tree Farms, Inc. v. Richard M. Munoz, et al., presently pending in the Humboldt County Superior Court (Humboldt County Case No. DR090142). A copy of plaintiffs' proposed second amended complaint is attached hereto. Counsel for plaintiffs and defendants have met and conferred and hereby stipulate and agree that the Court may grant leave to plaintiffs to file their proposed second amended complaint forthwith. Counsel further stipulate and
STIPULATION AND [PROPOSED] ORDER FOR FILING OF SECOND AMENDED COMPLAINT (Case No. 3:09-CV-00192-JSW)

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agree that defendant Richard M. Munoz, as executor of the will of Rogan Mal Coombs, deceased, and as an individual, shall have twenty-one (21) days after service of the second amended complaint to file and serve his response and the newly added defendants shall have twenty-one (21) days after service of the summons and second amended complaint to file and serve their responses.

Dated: February 28, 2011

WILLIAM A. WINEBERG 150 POST STREET, SUITE 742 SAN FRANCISCO, CA 94108 TELEPHONE: [phone] FACSIMILE: [phone] [e-mail]

By: /s/ William A. Wineberg William A. Wineberg Attorneys for Plaintiffs Malcolm Coombs, Judith Coombs Jones and Barton Coombs J Dated: February 28, 2011 FRANK R. UBHAUS [e-mail] CHRISTIAN E. PICONE [e-mail] BERLINER COHEN TEN ALMADEN BOULEVARD ELEVENTH FLOOR SAN JOSE, CA 95113-2233 TELEPHONE: [phone] FACSIMILE: [phone]

By: /s/ Frank R. Ubhaus Frank R. Ubhaus Attorneys for Defendants Richard M. Munoz, as executor of the will of Rogan Mal Coombs, deceased, and Richard M. Munoz, as an individual

STIPULATION AND [PROPOSED] ORDER FOR FILING OF SECOND AMENDED COMPLAINT (Case No. 3:09-CV-00192-JSW)

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Dated: February 28, 2011

I hereby attest that concurrence in the filing of the document has been obtained from each of the other signatories, which shall serve in lieu of their signatures on the document

By: /s/ William A. Wineberg William A. Wineberg Attorneys for Plaintiffs Malcolm Coombs, Judith Coombs Jones and Barton Coombs

STIPULATION AND [PROPOSED] ORDER FOR FILING OF SECOND AMENDED COMPLAINT (Case No. 3:09-CV-00192-JSW)

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[PROPOSED] ORDER Pursuant to the stipulation of the parties, the Court hereby grants plaintiffs leave to file the attached to Docket No. 82. P proposed second amended complaint attached hereto. Defendant Richard M. Munoz, as executor of the will of Rogan Mal Coombs, deceased, and as an individual, shall have twenty-one (21) days after service of the second amended complaint to file and serve his response and the newly added defendants, Aalfs, Evans & Company, LLP, Scott H. Guild and Richard Daly, Inc., shall each have twenty-one (21) days after service of the summons and second amended complaint to file and serve their responses. Plaintiffs shall efile a separate copy of the Second Amended Complaint by no later than March 2, 2011. IT IS SO ORDERED. Dated: March 1 ___, 2011 By: _____________________________ Honorable Jeffrey S. White United States District Court Judge

STIPULATION AND [PROPOSED] ORDER FOR FILING OF SECOND AMENDED COMPLAINT (Case No. 3:09-CV-00192-JSW)

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