Horowitz v. United States of America et al

Filing 26

STIPULATION AND ORDER re 25 . STIPULATION WITH PROPOSED ORDER RE FILING OF A FIRST AMENDED COMPLAINT filed by Joseph Horowitz, United States of America. Signed by Magistrate Judge Kandis A. Westmore on 1/22/18. (sisS, COURT STAFF) (Filed on 1/22/2018)

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1 4 LEON V. ROUBINIAN (SBN 226893) ROUBINIAN LAW GROUP 150 Post Street, Suite 600 San Francisco, CA 94108 Ph: (415) 738-8181 Fax: (415) 738-8183 Email: leon@roubinianlaw.com 5 Attorneys for Plaintiff JOSEPH HOROWITZ 2 3 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 OAKLAND DIVISION 10 11 JOSEPH HOROWITZ, 12 Plaintiff, 13 vs. 14 15 CASE NO.: CV-17-02898 KAW STIPULATION AND [PROPOSED] ORDER RE FILING OF A FIRST AMENDED COMPLAINT PURSUANT TO F.R.C.P. 15(a)(2) UNITED STATES OF AMERICA; UNITED STATES POSTAL SERVICE; HOWARD EARL FISHER III; and DOES 1 through 15, inclusive, 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 /// __________________________________ -1STIPULATION AND [PROPOSED] ORDER RE FILING OF A FIRST AMENDED COMPAINT PURSUANT TO F.R.C.P. 15(a)(2) 1 Plaintiff Joseph Horowitz (“Horowitz”) and Defendant United States of America (“Defendant”) 2 hereby consent and stipulate that pursuant to Federal Rule of Civil Procedure 15(a)(2), Horowitz may 3 file the First Amended Complaint that is attached to the Stipulation as Exhibit A. Horowitz’s First 4 Amended Complaint shall be the now-operative pleading in the above-captioned litigation. Defendant 5 shall have 30 days from the date the amended complaint is deemed filed to file its responsive 6 pleading. 7 IT IS SO STIPULATED: 8 9 Dated: January 11, 2018 Respectfully submitted, 10 BRIAN J. STRETCH United States Attorney 11 12 /s/ David Pereda DAVID PEREDA Assistant United States Attorney Attorney for Defendant 13 14 15 16 /s/ Leon V. Roubinian LEON V. ROUBINIAN Attorney for Plaintiff 17 18 19 *CERTIFICATION 20 21 22 Pursuant to Civil L.R. 5-1(i)(3), I, Leon V. Roubinian, hereby attest that Mr. Pereda concurred in the filing of this document. 23 24 ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. 25 26 27 1/22/18 Dated: ______________ _____________________________________ KANDIS A. WESTMORE United States Magistrate Judge 28 __________________________________ -2STIPULATION AND [PROPOSED] ORDER RE FILING OF A FIRST AMENDED COMPAINT PURSUANT TO F.R.C.P. 15(a)(2)

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