Landmark American Insurance Company v. Angotti & Reilly, Inc. et al

Filing 34

ORDER RE SECOND AMENDED ANSWER AND COUNTERCLAIM re 33 Stipulation filed by Angotti & Reilly, Inc.. Signed by Judge Alsup on May 17, 2011. (whalc1, COURT STAFF) (Filed on 5/17/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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LANDMARK AMERICAN INSURANCE
COMPANY, an Oklahoma Stock Company,
Plaintiff,

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For the Northern District of California

United States District Court

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ORDER REGARDING
SECOND AMENDED
ANSWER AND
COUNTERCLAIM

v.
ANGOTTI & REILLY, INC., a California
Corporation; ALEXANDER GROUP LLC,
a limited liability company, BLUE RIVER
SEAFOOD INC., a California Corporation,
and CHRISTOPHER H. LAM,
Defendants.
/
AND RELATED COUNTERCLAIMS
/

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No. C 10-03687 WHA

On May 17, plaintiff’s counsel filed a stipulation and proposed order to permit defendant

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Angotti & Reilly, Inc. to file a second amended answer and counterclaim. All parties agreed to

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the stipulation (Dkt. No. 33). FRCP 15(a)(2) provides that a party may amend its pleading “with

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the opposing party’s written consent or the court’s leave” (emphasis added). The stipulation is

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sufficient to permit Angotti & Reilly to file its amended pleading. The proposed order need not

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and shall not be signed. Counsel are advised, however, that the amended pleading must be

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properly filed as an independent docket entry — merely attaching it as an exhibit to the

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stipulation does not give it effect.

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IT IS SO ORDERED.

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Dated: May 17, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE