Van et al v. Wal-Mart Stores, inc. et al

Filing 19

STIPULATION AND ORDER re 15 Granting Leave to File Amended Complaint. Signed by Judge Patricia V. Trumbull on 7/15/09. (pvtlc1) (Filed on 7/15/2009)

1 Anthony Boskovich, No. 121198 [e-mail] 2 Law Offices of Anthony Boskovich 28 N. First Street, 6th Floor 3 San Jose, California 95113-1210 4 408-286-5150 5 Attorney for plaintiffs 6 Law Offices of Anthony Boskovich 28 North First Street, 6th Floor, San Jose, CA 95113 [phone] 7 8 9 10 11 12 NATHALIE THUY VAN; NATHALIE THUY VAN as Guardian ad Litem for RAINIER VINH13 THUY NGUYEN-PHUOC, Plaintiffs, 14 v. ) ) ) ) ) ) 15 WAL-MART STORES, INC.; JOHN DOE and ) RACHEL ROE, security personnel for Wal-Mart, ) ) 16 the identities and exact numbers of whom are unknown to plaintiffs; DOES 10 TO 50, ) Defendants. ) 17 __________________________________________) 18 19 No. C08 05296 PVT STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO FILE AMENDED COMPLAINT IN THE DISTRICT COURT OF THE UNITED STATES OF AMERICA NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

After the initial case management conference, defendants disclosed the identities of the

20 security guards involved in the incident. At the conference, counsel for plaintiff had informed the 21 Court that the guards would be named when their identity was learned. Due to an oversight by 22 counsel for plaintiff, the stipulation and proposed amendment was delayed until now. Counsel do 23 not anticipate, however, that this oversight will delay the proceedings. Therefore, 24 25 26 27 Stipulation and [Proposed] Order 28 C08 05296 PVT
Granting Leave to File Amended Complaint Page 1

1

IT IS HEREBY STIPULATED by and between the parties hereto through their respective

2 attorneys of record that Plaintiff may file an Amended Complaint, a copy of which is attached 3 hereto, adding the true names of Wal-Mart security personnel involved in the alleged incident. 4 5 IT IS FURTHER STIPULATED that defendant Wal-Mart shall not be required to answer

6 the amendment, and that all denials, responses, and affirmative defenses contained in the answer Law Offices of Anthony Boskovich 28 North First Street, 6th Floor, San Jose, CA 95113 [phone] 7 filed by defendant to the original complaint shall be responsive to the amended complaint. 8 9 Dated: 12 July 2009 10 11 12 13 Dated: 13 July 2009 14 15 16 17 18 19 20 21 Dated: 22 23 24 25 26 27 Stipulation and [Proposed] Order 28 C08 05296 PVT
Granting Leave to File Amended Complaint Page 2
7/15/09

/s/ __________________________ Anthony Boskovich Attorney for Plaintiff

/s/ _____________________________ Candice Mullings Attorney for Defendant Wal-Mart Stores, Inc.

ORDER

On stipulation of the parties, IT IS SO ORDERED.

_________________________________ United States Magistrate Judge