Hopper et al v. IAP Worldwide Services Inc

Filing 38

ORDER granting 37 Stipulated Motion to File Third Amended Complaint; Counsel is instructed to e-file the Amended Complaint, signed by Judge Ronald B. Leighton.(DN)

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 2. CRAIG S. HOPPER, UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA ) ) Plaintiff, ) ) vs. ) ) THE UNITED STATES OF AMERICA, ) and IAP WORLDWIDE SERVICES, INC., ) ) ) Defendants. ) ) The Honorable Ronald B. Leighton

No.: C08-5715 RBL STIPULATIONS & ORDER REGARDING THE PLAINTIFF'S THIRD AMENDED COMPLAINT NOTE FOR MOTION DOCKET: Friday, April 10, 2009

COME NOW the parties, by and through the undersigned attorneys, and hereby stipulate to the following: 1. The Plaintiff is granted leave to amend and file his Third Amended Complaint (as proposed in Attachment A) upon the signing of the order attending these stipulations by the Court--as this stipulation is the above-listed Defendants' written consent for leave to so amend, pursuant to Federal Rule of Civil Procedure 15(a)(2); The above-listed Defendants agree to waive all service requirements pursuant to Federal Rule of Civil Procedure 4 regarding the service of the Third Amended

STIPULATIONS RE: PLAINTIFF'S 3rd AMENDED COMPLAINT (C08-5715RBL)-Page 1

JAMES A. CONLEY
ATTORNEY AT LAW

120 WEST DAYTON, SUITE B-6 EDMONDS, WA 98020 [phone]

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 6. 5. 4. 3.

Complaint and any additional process upon them, as service upon the abovelisted Defendants will be considered perfected upon the Plaintiff's electronic filing of the Third Amended Complaint with the Court; and, The Plaintiff stipulates that the above-listed Defendants will be allowed twenty (20) days to file with the Court their Answers to the Third Amended Complaint after the filing of said complaint. Counsel for Defendant IAP Worldwide Services, Inc. states that he will be also representing the Defendant added to the case in the Third Amended Complaint (i.e., IAP World Services, Inc.), and, as such, he is authorized by IAP World Services, Inc. to accept service of the Third Amended Complaint and any additional process (or copies thereof) on its behalf. Added Defendant IAP World Services, Inc. agrees that service as described in paragraph 4 above may occur through the Plaintiff's delivery of the Third Amended Complaint and any additional process (or copies thereof) to him through a certified mailing to his office. Further, added Defendant IAP World Services, Inc. agrees that such service upon counsel will satisfy all service requirements of Federal Rule of Civil Procedure 4 regarding the service of the Third Amended Complaint and any additional process upon it. The parties agree that the Plaintiff will have sixty (60) days after the Clerk's issuance of an amended Summons to effect service upon added Defendant IAP World Services, Inc. The Defendant IAP World Services, Inc. will have twenty

STIPULATIONS RE: PLAINTIFF'S 3rd AMENDED COMPLAINT (C08-5715RBL)-Page 2

JAMES A. CONLEY
ATTORNEY AT LAW

120 WEST DAYTON, SUITE B-6 EDMONDS, WA 98020 [phone]

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 7.

(20) days to file with the Court its Answer to the Third Amended Complaint after service/receipt of the Third Amended Complaint and any additional process (or copies thereof). The Defendants agree that the Third Amended Complaint, once filed with the Court, relates back to the date of the original pleading filed in this case (i.e., November 26, 2008) pursuant to Federal Rule of Civil Procedure 15(c). STIPULATED TO this 10th day of April, 2009. s/Clarence C. Jones Clarence C. Jones, WSBA #27678 Gierke, Curwen, Dynan & Jones, P.S. 2102 North Pearl Street, D-400 Tacoma, WA 98406 Ph#: [phone] [e-mail] s/James A. Conley JAMES A. CONLEY,WSBA#18497 Co-counsel for Plaintiff 120 West Dayton, Suite B-6 Edmonds, WA 98020 Ph#: [phone] Fax#: [phone] E-mail: [e-mail] s/Patricia D. Gugin PATRICIA D. GUGIN, PABA#54927 Assistant United States Attorney 1201 Pacific Avenue, Ste. 700 Tacoma, WA 98402 Ph#: [phone] Fax#:[phone] E-mail: [e-mail]

STIPULATIONS RE: PLAINTIFF'S 3rd AMENDED COMPLAINT (C08-5715RBL)-Page 3

JAMES A. CONLEY
ATTORNEY AT LAW

120 WEST DAYTON, SUITE B-6 EDMONDS, WA 98020 [phone]

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ORDER OF THE COURT THE COURT, having been informed of the parties' stipulations regarding the Plaintiff's Third Amended Complaint, endorses the above-listed stipulations thusly: They are so ordered. DATED this 13th day of April, 2009.

A
RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE Presented by: s/James A. Conley JAMES A. CONLEY,WSBA#18497 Co-counsel for Plaintiff 120 West Dayton, Suite B-6 Edmonds, WA 98020 Ph# [phone] Fax#: [phone] E-mail: [e-mail] Approved as to form and content: s/Clarence C. Jones Clarence C. Jones, WSBA #27678 Gierke, Curwen, Dynan & Jones, P.S. 2102 North Pearl Street, D-400 Tacoma, WA 98406 Ph#: [phone] E-mail: [e-mail] s/Patricia D. Gugin PATRICIA D. GUGIN, PABA#54927 Assistant United States Attorney 1201 Pacific Avenue, Ste. 700 Tacoma, WA 98402 Ph#: [phone] Fax#: [phone] E-mail: [e-mail]
STIPULATIONS RE: PLAINTIFF'S 3rd AMENDED COMPLAINT (C08-5715RBL)-Page 4 JAMES A. CONLEY
ATTORNEY AT LAW

120 WEST DAYTON, SUITE B-6 EDMONDS, WA 98020 [phone]