Yates v. Turtle Tower Restaurant et al

Filing 28

ORDER re 27 STIPULATION WITH PROPOSED ORDER RE PLAINTIFFS LEAVE TO AMEND THE COMPLAINT filed by Craig Yates. Signed by Judge Kandis A. Westmore on 06/12/2012. (kawlc1, COURT STAFF) (Filed on 6/12/2012)

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1 2 United States District Court 3 Northern District of California 4 5 6 7 8 9 10 Northern District of California United States District Court 11 CRAIG YATES, an individual, Plaintiff, Case No.: CV-10-03279-KAW ORDER RE PLAINTIFF'S LEAVE TO AMEND THE COMPLAINT v. TURTLE TOWER RESTAURANT; AP SF 631 LARKIN LLC, a Delaware Limited Liability Company; and PHAM LLC, a California limited liability company, Defendant. 12 13 14 On June 8, 2012, the parties filed a stipulation and proposed order to allow Plaintiff Craig 15 Yates to file a Third Amended Complaint naming Khong Tu as a defendant. The parties also 16 stipulated that Defendant PHAM LLC's answer filed on October 5, 2010 would serve as its 17 answer to the Third Amended Complaint, thereby excusing PHAM LLC from refiling. 18 IT IS THEREFORE ORDERED that Plaintiff must both file the Third Amended 19 Complaint, which was attached as Exhibit A to the stipulation filed on June 8, 2012 (DKT# 27), 20 and serve it upon Khong Tu within 30 days of this order. Pursuant to the stipulation of the 21 parties, the answer filed by defendant PHAM LLC on October 5, 2010, may serve as its answer to 22 the Third Amended Complaint. 23 24 25 26 27 28 Dated: June 12, 2012 ___________________________ KANDIS A. WESTMORE United States Magistrate Judge

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