Alsabur v. Autozone, Inc.

Filing 16

STIPULATION AND ORDER TO ALLOW FILING OF FIRST AMENDED COMPLAINT by Magistrate Judge Kandis A. Westmore granting 15 Stipulation (sisS, COURT STAFF) (Filed on 8/6/2013)

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TIEGA-NOEL VARLACK (SBN 248203)
VARLACK LEGAL SERVICES
225 W. Winton Avenue, Suite 207
Hayward, CA 94544
Telephone: [phone]
Fax:
[phone]
[e-mail]

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Attorney for Plaintiff
Jowhar Alsabur

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOWHAR ALSABUR,
Plaintiff,
vs.
AUTOZONE, INC.; and DOES 1 through X,
Defendants

Case No.: C 13-01689 KAW
STIPULATION TO ALLOW FILING OF
FIRST AMENDED COMPLAINT; AND
PROPOSED ORDER
Next Date:
Time:
Courtroom:
Magistrate:

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October 15, 2013
1:30
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Hon. Kandis A. Westmore

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This stipulation is entered into by Tiega-Noel Varlack of Varlack Legal Services

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on behalf of Plaintiff Jowhar Alsabur and Michael Hoffman of Arena Hoffman LLP on behalf of

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Defendant Autozone, Inc.

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It is hereby stipulated that Plaintiff may file a First Amended Complaint that is

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identical to the present complaint except that the First Amended Complaint will add a cause of

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action for wrongful termination and include a demand for a jury trial pursuant to FRCP 38(b)(1).

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It is further stipulated that any responsive pleading be filed within 21 days.

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Defendant reserves all rights to challenge all aspects of the proposed amended pleading,

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including but not limited to a motion to dismiss, motion to strike, and motion to strike the jury

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demand. No portion of this stipulation constitutes approval or consent to any aspect of the

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STIPULATION TO ALLOW FILING OF FIRST AMENDED COMPLAINT- 1

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amended pleading. Defendant merely stipulates to facilitate the process and for the purpose of

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allowing Plaintiff to avoid filing a motion for leave to amend the pleadings.

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A true and correct copy of the proposed First Amended Complaint is attached to
this stipulation.

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Dated this 29th day of July 2013.
By:

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/s/
Tiega-Noel Varlack
Attorney for Plaintiff
Jowhar Alsabur

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By:
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/s/
Michael Hoffman
Attorney for Defendant
Autozone, Inc.

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ORDER
IT IS SO ORDERED that plaintiff may file a First Amended Complaint that is identical to the
present complaint except that the First Amended Complaint will add a cause of action for
wrongful termination and include a demand for a jury trial pursuant to FRCP 38(b)(1).

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8/6/13
DATED: ________________
____________________________
Kandis A. Westmore
United States Magistrate Judge

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STIPULATION TO ALLOW FILING OF FIRST AMENDED COMPLAINT- 2