Chatoian v. Waterworks Industries Incorporated et al

Filing 17

ORDER GRANTING AS MODIFIED 16 Stipulation TO FILING AMENDED COMPLAINT. Signed by Judge Jeffrey S. White on 7/5/11. (jjoS, COURT STAFF) (Filed on 7/5/2011)

Case3:11-cv-02322-JSW Document16

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Filed07/02/11 Page1 of 4

Lanny Jay
SBN: 93099
18602 Old Monte Rio Road
Guerneville, CA 95446

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Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
Attorney for Plaintiff
BRANDON CHATOIAN

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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BRANDON CHATOIAN,

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Plaintiff,
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vs.
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WATERWORK INDUSTRIES
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INCORPORATED, et al.,
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Defendants.
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____________________________ }

No.: C 11-02322 JSW

Hon. Jeffrey S. White

STIPULATION AND ORDER AS MODIFIED

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FOR LEAVE TO FILE AMENDED COMPLAINT
STIPULATION AND ORDER FOR LEAVE TO FILE AMENDED COMPLAINT
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No. C 11-02322 JSW

Case3:11-cv-02322-JSW Document16

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Filed07/02/11 Page2 of 4

STIPULATION

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WHEREAS information has been shared between the parties and
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Plaintiff has prepared and served the attached AMENDED COMPLAINT at Docket 16, Ex. 1,
which deletes one claim; adds one new and different claim; for clarity,

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divides two previously stated claims; and better states each claim;
WHEREAS Defendants filed their joint Answer after this action
was removed to this Court and leave of this Court is required;1

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WHEREAS counsel for Plaintiff and counsel for Defendants
conferred and agreed to the filing of an AMENDED COMPLAINT which
upon filing shall become the Complaint in this matter;

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AND WHEREAS counsel for Plaintiff and counsel for
Defendants conferred and agreed that Defendants shall serve and file their
responsive pleading(s) on or before July 29, 2011:

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NOW, THEREFORE, IT IS STIPULATED and agreed that
Plaintiff shall, upon the granting of leave, forthwith file the proposed

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1.
Rule 15 provides that a party may amend its pleading once as a
matter of course at any time before a responsive pleading is served;
“[o]therwise, a party may amend the party’s pleading only by leave of court
[which] shall be freely given when justice so requires.” Fed. R. Civ. P. 15.

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STIPULATION AND ORDER FOR LEAVE TO FILE AMENDED COMPLAINT
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Case3:11-cv-02322-JSW Document16

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Filed07/02/11 Page3 of 4

Amended Complaint. Upon its filing, the proposed Amended Complaint shall

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become the Complaint in this matter. Defendants shall file their responsive
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pleading(s) on or before July 29, 2011.
Kilpatrick Townsend & Stockton LLP,
Attorneys for Defendants Waterworks
Industries and Mathias Toupin, by:
s/ Kathleen Dodd Barton
____________________________
KATHLEEN DODD BARTON

Dated:

July 1, 2011

Dated:

July 1, 2011

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Plaintiff Brandon Chatoian, by:

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s/ Lanny Jay
____________________________
LANNY JAY

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ORDER

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It is so Ordered.

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Dated: July 5, 2011

____________________________
JEFFREY S. WHITE
U.S. DISTRICT COURT JUDGE

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STIPULATION AND ORDER FOR LEAVE TO FILE AMENDED COMPLAINT
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No. C 11-02322 JSW