Azad et al v. Tokio Marine HCC - Medical Insurance Services Group et al

Filing 88

Order by Hon. Phyllis J. Hamilton granting 87 Stipulation to Extend Time for Plaintiffs to File First Amended Complaint. (pjhlc2S, COURT STAFF) (Filed on 8/7/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MOHAMMED AZAD, et al.,

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Case No. 17-cv-00618-PJH

Plaintiffs,

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v.

TOKIO MARINE HCC - MEDICAL
INSURANCE SERVICES GROUP, et al.,

ORDER GRANTING STIPULATION TO
EXTEND TIME FOR PLAINTIFFS TO
FILE FIRST AMENDED COMPAINT
Re: Dkt. No. 87

Defendants.
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United States District Court
Northern District of California

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On July 14, 2017, the court granted the various motions to dismiss in this matter,

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with leave to amend. Dkt. 86. The court ordered that “[p]laintiffs shall file an amended

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complaint by August 7, 2017. No additional claims or parties may be added without leave

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of court or stipulation of defendants.” Id. at 18.

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Before the court is a stipulation to extend the deadline for plaintiffs to file an

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amended complaint to August 21, 2017, with the response from defendants due

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September 18, 2017. Dkt. 87. The court GRANTS the request to extend these

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deadlines.

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However, the stipulation notes that “due to the tentative settlement of the claims of

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[the two named plaintiffs],” plaintiffs’ counsel intend to substitute “new Plaintiffs and

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proposed Class Representatives.” The court’s prior order does not permit the addition of

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new parties without consent of defendants or leave of court. Thus, if plaintiffs intend to

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add or substitute new class representatives, they must either obtain the consent of the

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defendants, or file a motion for leave of court by the deadline.

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IT IS SO ORDERED.
Dated: August 7, 2017
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PHYLLIS J. HAMILTON
United States District Judge