Dietrick v. Securitas Security Services USA, Inc.

Filing 41

STIPULATION AND ORDER re 40 STIPULATION WITH PROPOSED ORDER for Filing of Second Amended Complaint filed by Michael Dietrick. Signed by Judge Jon S. Tigar on July 7, 2014. (wsn, COURT STAFF) (Filed on 7/7/2014)

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EDUARDO G. ROY (Bar No. 146316)
DANIEL C. QUINTERO (Bar No. 196492)
JILL DESSALINES (Bar No. 123825)
JOHN R. HURLEY (Bar No. 203641)
PROMETHEUS PARTNERS L.L.P.
220 Montgomery Street Suite 1094
San Francisco, CA 94104
Telephone: [phone]
Attorneys for Plaintiff
Michael Deatrick

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL DIETRICK, individually and on
behalf of all others similarly situated,

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Case No.: 3:13-cv-5016 JST
STIPULATION AND [PROPOSED]
ORDER RE FILING OF AND
RESPONDING TO SECOND AMENDED
COMPLAINT

Plaintiff,
v.
SECURITAS SECURITY SERVICES USA,
INC.,

F.R.C.P. 15

Defendant.

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STIPULATION RE AMENDMENT

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Plaintiff Michael Deatrick (“Plaintiff”) and Defendant Securitas Security Services USA, Inc.
(“Securitas USA”) hereby stipulate and agree as follows:
WHEREAS, Plaintiff filed his original Complaint in this action on October 28, 2013, and an
amended Complaint on February 13, 2014, that is the currently operative pleading;
WHEREAS, the Plaintiff’s last name was inadvertently spelled Dietrick instead of Deatrick, and
Plaintiff wishes to correct the spelling of his name in the pleadings and on the case caption;
WHEREAS the requested amendment would merely correct a name and does not affect the
substantive rights of the parties;
WHEREAS Federal Rule of Civil Procedure 15(a) provides that leave to amend “shall be freely
given when justice so requires;
WHEREAS Plaintiff requests that this Court permit the proposed amendment in the interest of
accuracy of the pleadings;

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WHEREAS Securitas USA does not oppose and agrees to the Amendment;

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IT IS THEREFORE STIPULATED AND AGREED AS FOLLOWS:

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1. That Plaintiff shall be given leave to file the Second Amended Complaint submitted
concurrently with this stipulation;
2. That Securitas USA shall have 14 days from the date of filing in which to Answer the
Second Amended Complaint.

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STIPULATION RE AMENDMENT

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Pursuant to Local Rule 5-1(i)(3), the undersigned filer of this document hereby attests that

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concurrence in the filing has been obtained from each of the other signatories, which shall serve in lieu

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of their signatures on the document.

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IT IS SO STIPULATED.
DATED: July 3, 2014

Respectfully submitted,
PROMETHEUS PARTNERS L.L.P.

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By:

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/s/ John R. Hurley
John R. Hurley, Esq.
Attorneys for Plaintiff Michael Deatrick

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DATED: July 3, 2014

Respectfully submitted,
THARPE & HOWELL, LLP

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By:

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/s/ Sherry B. Shavit
Sherry B. Shavit, Esq.
Attorneys for Defendant Securitas
Security Services USA, Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED. Further, the Clerk of the Court is directed to

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change the caption of the case in the Court records to reflect the proper spelling of the name of Plaintiff

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Michael Deatrick.

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S

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FO

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Jon S. Tigar
i ga r
on S. T
dge JDistrict Court Judge
Unitedu
J States

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By:

NO

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DERED

O OR
IT IS S

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UNIT
ED

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DATED: July 7, 2014

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S DISTRICT
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STIPULATION RE AMENDMENT

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