McNelis v. Omniglow, LLC et al

Filing 17

ORDER by Magistrate Judge Maria-Elena James granting 13 Motion for Leave to File First Amended Complaint. (rmm2S, COURT STAFF) (Filed on 7/1/2013)

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CURTIS J. MORRIS (SBN 098662)
LAW OFFICES OF CURTIS J. MORRIS
370 W. Napa Street
Sonoma, CA 95476
Tel: [phone]
Fax: [phone]

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XAVIER A.M. LAVOIPIERRE (SBN 132798)
LAW OFFICE OF XAVIER A.M. LAVOIPIERRE
809 Broadway, Suite 5; P.O. Box 256
Sonoma, CA 95476
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KRISTIN MCNELIS,

CV 12-06468 MEJ

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Plaintiff,

[PROPOSED] ORDER ON PLAINTIFF’S
MOTION FOR LEAVE TO FILE A FIRST
AMENDED COMPLAINT AND FOR
MODIFICATION OF THE CASE
MANAGEMENT ORDER
[FRCP 15(a)(2); FRCP 16(b)(4)]

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v.
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OMNIGLOW, LLC; IRA LEEMON; and
DOES 1 through 50, inclusive,

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Defendants.

Date: July 31, 2013
Time: 10:00 a.m.
Courtroom: B, 15th Floor (Hon. MariaElena James)

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ORDER
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The motion of plaintiff Kristin McNelis for leave to file a first amended complaint and
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for modification of the Case Management Order pursuant to FRCP 15(a)(2) and FRCP 16(b)(4)
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came on regularly for hearing on July 31, 2013, in Courtroom B, 15th Floor, of the United States

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District Court for the Northern District of California.
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[PROPOSED] ORDER ON PLAINTIFF’S MOTION
FOR LEAVE TO FILE A FIRST AMENDED
COMPLAINT AND FOR MODIFICATION OF THE
CASE MANAGEMENT ORDER

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CV 12-06468 MEJ

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The Court having reviewed and considered the pleadings, papers and records submitted in

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support of and in opposition to the motion, the Court finds that good cause exists to modify the

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Case Management Order; and further finds that defendants will not be prejudiced by the filing of

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plaintiff’s proposed First Amended Complaint, and it is in the interests of justice that leave be

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granted to file the proposed First Amended Complaint attached as Exhibit A to plaintiff’s

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motion; and now, therefore,

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IT IS HEREBY ORDERED that the motion to modify the Case Management Order be
and is GRANTED;

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IT IS HEREBY FURTHER ORDERED that the motion for leave to file a first amended
complaint be and is GRANTED;

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IT IS HEREBY FURTHER ORDERED that:

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1.

The Case Management Order herein is modified to provide that the deadline for
July 8,

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amending pleadings is extended to

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filing of the proposed First Amended Complaint attached as Exhibit A to plaintiff’s motion;

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2.

Plaintiff’s First Amended Complaint, in the form of Exhibit A attached to her

motion, shall be filed no later than the modified date for amending pleadings set forth herein.
3. Defendants shall file an amended answer to the proposed First Amended
complaint within 15 days of service thereof.

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, 2013, solely for purposes of the

Dated:

July 1, 2013

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MARIA-ELENA JAMES
United States District Court

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[PROPOSED] ORDER ON PLAINTIFF’S MOTION
FOR LEAVE TO FILE A FIRST AMENDED
COMPLAINT AND FOR MODIFICATION OF THE
CASE MANAGEMENT ORDER

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CV 12-06468 MEJ