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Simmons v. City of Chico

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 22, 2009

ELIZABETH JEAN SIMMONS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JAMES EDWARD SIMMONS; DARWIN H. SIMMONS AND NINA R. SIMMONS, INDIVIDUALLY, AND AS TRUSTEES OF THE SIMMONS FAMILY TRUST, PLAINTIFFS,
v.
CITY OF CHICO; COUNTY OF BUTTE; BALDWIN CONTRACTING COMPANY, INC., A CALIFORNIA CORPORATION; VIRGINIA DRAKE, INDIVIDUALLY, AND AS TRUSTEE OF THE DRAKE REVOCABLE TRUST, DEFENDANTS.

The opinion of the court was delivered by: Hon. John A. Mendez United States District Judge

STIPULATION TO FILE FIRST AMENDED COMPLAINT AND ORDER THEREON

IT IS HEREBY STIPULATED by and between the parties hereto through their respective attorneys of record that plaintiff may file a First Amended Complaint, a copy of which is attached hereto as Exhibit A. The First Amended Complaint adds only a new Paragraph No. 71 under the Fifth Claim for Relief and a new Paragraph No. 5 under the Prayer for Relief. All subsequent paragraphs have been re-numbered accordingly.

IT IS FURTHER STIPULATED that the defendants waive notice and service of the First Amended Complaint and shall not be required to answer it, that all defendants are deemed to deny the allegations set forth in the new Paragraph No. 71 under the Fifth Claim for Relief and a new Paragraph No. 5 under the Prayer for Relief, and that all denials, responses and affirmative defenses contained in the Answers filed by defendants to the original Complaint shall be deemed responsive to the First Amended Complaint.

This Stipulation may be executed simultaneously in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IT IS SO ORDERED.

20090622

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