Cervantes et al v. Liu Cheng Inc. et al

Filing 34

ORDER DENYING STIPULATION TO CONTINUE THE DEADLINE TO FILE THIRD AMENDED COMPLAINT re 33 Stipulation. The Court ORDERS that Plaintiffs' counsel file his Third Amended Complaint by June 19, 2009. Failure to do so may warrant sanctions. Signed by Judge James Ware on 6/19/2009. (ecg, COURT STAFF) (Filed on 6/19/2009)

Case5:08-cv-03817-JW Document33

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ADAM WANG Bar. No. 201233 LAW OFFICES OF ADAM WANG 12 S First Street, Suite 613 San Jose, CA 95113 Tel: [phone] Fax: [phone] [e-mail] Attorney for Plaintiffs Kassra P. Nassiri (SBN 215405) D. Austin Hare (SBN 261694) NASSIRI & JUNG LLP 251 Kearny Street, Suite 501 San Francisco, California 94108 Telephone Number: [phone] Facsimile Number [phone] [e-mail] [e-mail] Attorneys for Defendants

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA FRANCISCO CERVANTES, ET AL. Plaintiffs, vs. LIU CHENG, INC., ET AL. Defendants ) ) ) ) ) ) ) ) ) Case No: C08-3817 JW ORDER DENYING STIPULATION TO STIPULATION TO CONTINUE THE DEADLINE TO FILE THIRD AMENDED CONTINUE THE DEADLINE TO FILE COMPLAINT & [PROPOSED] ORDER THIRD AMENDED COMPLAINT THEREON

Presently before the Court is the parties' Stipulation to Continue Deadline for Plaintiffs to The parties, through their respective attorneys of record, 2009 pursuant to the Court's file their Third Amended Complaint which was due on June 15,stipulate to continue the deadline May 28, 2009 Order. (See Docket Item follows: to file the Third Amended Complaint as No. 30.) The Court DENIES this Stipulation because (1) the Stipulation was filed on June 19, 2009, four days after the deadline for filing the Third Amended Complaint had passed and (2) although Plaintiffs' counsel may have had a computer 1. On May 15, 2009, Plaintiffs filed a Motion for Leave to file their Third Amended problem, there is no excuse for not being able to file the Third Amended Complaint as a Complaint just to add Scott Lin Third Amended(Docket No.was attached as Exhibit 1 of separate docket entry since the as a Defendant Complaint 26). Plaintiffs' Motion for Leave. (See Docket Item No. 26.) Accordingly, the Court ORDERS that Plaintiffs' counsel file his Third Amended Complaint by June 19, 2009. Failure to do so may warrant sanctions. Dated: June 19, 2009 _____________________________ JAMES WARE United States District Judge

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