Equal Employment Opportunity Commission v. Doctors Management Company Inc et al

Filing 27

ORDER GRANTING 26 Stipulation TO FILE AMENDED COMPLAINT. Signed by Judge Jeffrey S. White on 7/15/11. (jjoS, COURT STAFF) (Filed on 7/15/2011)

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Case3:10-cv-04411-JSW Document26 1 2 3 4 5 Filed07/15/11 Page1 of 2 WILLIAM R. TAMAYO, #084965 JONATHAN T. PECK, #12303 (VA) LINDA ORDONIO DIXON #172830 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 350 The Embarcadero, Suite 500 San Francisco, CA 94105-1260 Telephone No. (415) 625-5654 Attorneys for Plaintiff 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, 12 Plaintiff, v. 13 14 15 CIVIL ACTION NO. CV-10-4411 JSW STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE AMENDED COMPLAINT THE DOCTORS MANAGEMENT COMPANY, INC., and THE DOCTORS COMPANY INSURANCE SERVICES, L.L.C., dba THE DOCTORS COMPANY, 16 Defendant. 17 18 Plaintiff Equal Employment Opportunity Commission (EEOC) and Defendant The Doctors 19 20 Management Company, Inc. et.al. submit this stipulation to request leave for the EEOC to amend the 21 Complaint in this action. The amendment of the Complaint is needed in order to correctly name the Defendant in this 22 23 action. At present, Defendant has been identified as “The Doctors Management Company, Inc., and 24 The Doctors Company Insurance Services, L.L.C. d.b.a. The Doctors Company.” This motion seeks 25 to allow the EEOC leave to amend the complaint to identify Defendant as solely “The Doctors 26 27 Company.” A copy of the proposed Complaint is attached as Exhibit A. Defendant does not oppose to docket no. 26. this amendment of the Complaint. 28 // STIP &[PROPOSED] ORDER TO AMEND CV-10-441 JSW Case3:10-cv-04411-JSW Document26 1 2 3 4 5 6 7 8 Filed07/15/11 Page2 of 2 Federal Rule of Civil Procedure 15(a)(2) provides that “a party may amend its pleading…with the opposing party’s written consent” or leave of Court. The rule further provides that “[t]he Court should freely give leave when justice so requires.” Id. Here, the proposed amendment is agreed to by all parties and is requested in order to correctly name the Defendant in this lawsuit. In view of the foregoing, the parties respectfully request that the Court grant Plaintiff EEOC leave to amend the Complaint, allow the EEOC to file the its Amended Complaint within three days of entry of this Order and to allow Defendant ten days from the filing of the Amended Complaint to file an Amended Answer. 9 Respectfully submitted, 10 11 12 Dated: July 14, 2011 //s// Linda Ordonio-Dixon LINDA ORDONIO-DIXON 13 ___ U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 350 The Embarcadero, Suite 500 San Francisco, California 94105-1260 14 15 16 //s// Lindbergh Porter ___ LINDBERGH PORTER 17 18 LITTLER MENDELSON A Professional Corporation 650 California Street, 20th Floor San Francisco, CA 94108-2693 19 20 21 IT IS SO ORDERED. 22 Dated: July 15, 2011 23 ____________________________________ HON. JEFFERY S. WHITE United States District Court Judge 24 25 26 27 28 STIP &[PROPOSED] ORDER TO AMEND CV-10-441 JSW 2.

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