Salazar et al v. Four Elements Inc. et al

Filing 17

STIPULATION AND ORDER 16 to Allow for Leave to File a First Amended Complaint. Signed by Judge Ronald M. Whyte on 4/8/10. (jg, COURT STAFF) (Filed on 4/8/2010)

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ADAM PEDERSEN (STATE BAR NUMBER 261901) ADAM WANG (STATE BAR NUMBER 201233) LAW OFFICES OF ADAM WANG 12 S First Street, Suite 708 San Jose, CA 95113 Tel: [phone] Fax: [phone] Attorney for Plaintiffs Cristobal Hernandez, Josue Gutierrez *E-FILED - 4/8/10*

UNITED STATES FEDERAL COURT NORTHERN DISTRICT OF CALIFORNIA San Jose DIVISION Case No.: 5:09-cv-01679-RMW xxxxxxxxx STIPULATION AND PROPOSED ORDER TO ALLOW FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT

Cristobal Hernandez aka Hugo Salazar, Josue Gutierrez, Plaintiffs, vs. Four Elements Inc, and DOES 1-10 Defendants

Parties through counsel hereby stipulate as follows:

1. On 4/16/2009, Plaintiffs filed the original complaint in this action. 2. It has come to the attention of the Plaintiffs that the original complaint as filed contained
an error, naming three Plaintiffs Cristobal Hernandez, Josue Gutierrez and a third person "Hugo Salazar" who is not actually party to this action.

3. In reality, the name "Hugo Salazar" does not refer to any Plaintiff but was an alleged
alias under which the Plaintiff Cristobal Hernandez allegedly worked.

1 STIPULATION FOR LEAVE TO AMEND

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4. The complaint should have named two Plaintiffs Josue Gutierrez and Cristobal
Hernandez aka "Hugo Salazar".

5. Parties desire to correct this error as soon as possible so they may finalize their tentative
agreement for settlement.

6. Therefore, to correct this error, parties stipulate to allow Plaintiffs leave to file a First
Amended Complaint, attached hereto as Exhibit #1, correctly naming the two Plaintiffs Josue Gutierrez and Cristobal Hernandez aka "Hugo Salazar".

Dated: March 24, 2010

By:

/s/Adam Pedersen Adam Pedersen Law Office of Adam Wang Attorneys for Plaintiff /s/Michael Farbstein Michael Farbstein Attorney for Defendant

Dated: March 24, 2010

By:

PROPOSED ORDER It is hereby ORDERED that, pursuant to the terms the parties stipulation, Plaintiffs be granted leave to file a First Amended Complaint.

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____________________________ Hon. Ronald M Whyte US District Court Judge *Counsel shall re-file the amended complaint as a separate entry.

4/8/10 Dated:____________________

By:

2 STIPULATION FOR LEAVE TO AMEND