Price v. Facebook, Inc.

Filing 645

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Price v. Facebook, Inc. Doc. 645 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Jason K. Singleton, State Bar #166170 Attorney at Law 611 "L" Street, Suite A Arcata, CA 95501 (707) 441-1177 Attorney for Plaintiff, JASON CLARE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JASON CLARE, Plaintiff, v. ST. SAN DIEGO, LLC, a California Limited Liability Company, dba MATTRESS DISCOUNTERS, WIN PROPERTIES, INC., a Connecticut corporation, and DOES ONE through FIFTY, inclusive, Defendants. IT IS HEREBY STIPULATED by and between the parties hereto through their respective attorneys of record that Plaintiff may file a Second Amended Complaint. The purpose of the Second Amended Complaint is to substitute new defendants WINVEN REALTY LLC and CALTAMP REALTY ASSOCIATES for present defendant WIN PROPERTIES, INC. IT IS FURTHER STIPULATED and requested that the court dismiss without prejudice defendant WIN PROPERTIES, INC. from this action. IT IS FURTHER STIPULATED that defendant ST. SAN DIEGO, LLC waives notice and service of the amended complaint and shall not be required to answer the amendment, and that all denials, responses and affirmative defenses contained in the answer filed by defendant ST. SAN DIEGO, LLC to the Complaint shall be responsive to the Second STIPULATION TO FILE SECOND AMENDED COMPLAINT 1 C-04-1685 PVT ) ) ) ) ) ) ) ) ) ) Case No. C-04-1685 PVT STIPULATION FOR FILING OF SECOND AMENDED COMPLAINT ADDING NEW DEFENDANTS AND FOR DISMISSING DEFENDANT WIN PROPERTIES, INC. Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Amended Complaint. The new defendants have authorized and shall accept service through their attorneys by U.S. mail of a Summons, Second Amended Complaint, and other initial court pleadings upon receipt by Plaintiff of the filed amended pleadings. FITZGERALD ABBOTT & BEARDSLEY LLP Dated: September 30, 2004 ____/S/_____________________________ Edward M. Keech, Attorney for Defendant WIN PROPERTIES, INC., WINVEN REALTY LLC, and CALTAMP REALTY ASSOCIATES ROBERT J. BINNS, ATTORNEY AT LAW Dated: October 26, 2004 ______/S/___________________________ Robert J. Binns, Attorney for Defendant ST. SAN DIEGO, LLC SINGLETON LAW GROUP Dated: September 30, 2004 __________________________________ Jason K. Singleton, Attorney for Plaintiff JASON CLARE V Signature Not erified S Digitally signed by Jason K. Dingleton o N: cn=Jason K. Singleton, K=LAW OFFICE OF JASON . SINGLETON, c=US Date: 2004.10.26 17:00:24 07'00' ORDER The Court, based upon the foregoing Stipulation, hereby orders as follows: 1. Plaintiff may file a Second Amended Complaint adding new defendants WINVEN REALTY LLC, and CALTAMP REALTY ASSOCIATES in the place of DOE DEFENDANTS. 2. 3. Defendant WIN PROPERTIES, INC. is hereby dismissed without prejudice. Defendant ST. SAN DIEGO, LLC shall not be required to file an answer to the Second Amended Complaint, and that all denials, responses and affirmative defenses contained in the answer filed by defendant to the original complaint shall be responsive to STIPULATION TO FILE SECOND AMENDED COMPLAINT 2 C-04-1685 PVT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the Second Amended Complaint. 4. New defendants WINVEN REALTY LLC, and CALTAMP REALTY ASSOCIATES shall be served through their attorneys by U.S. mail of a Summons, Second Amended Complaint, and other initial court pleadings upon receipt by Plaintiff of the filed amended pleadings. DATED: ______________________ _____________________________________ JUDGE, UNITED STATES DISTRICT COURT STIPULATION TO FILE SECOND AMENDED COMPLAINT 3 C-04-1685 PVT

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