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Van v. Wal-Mart Stores

IN THE DISTRICT COURT OF THE UNITED STATES OF AMERICA NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


July 15, 2009

NATHALIE THUY VAN; NATHALIE THUY VAN AS GUARDIAN AD LITEM FOR RAINIER VINH-THUY NGUYEN-PHUOC, PLAINTIFFS,
v.
WAL-MART STORES, INC.; JOHN DOE AND RACHEL ROE, SECURITY PERSONNEL FOR WAL-MART, 28TH NORTH FIRST STREET, THE IDENTITIES AND EXACT NUMBERS OF WHOM ARE UNKNOWN TO PLAINTIFFS; DOES 10 TO 50, DEFENDANTS.

STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO FILE AMENDED COMPLAINT

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 Law Offices of Anthony Boskovich Court that the guards would be named when their identity was learned. Due to an oversight by counsel for plaintiff, the stipulation and proposed amendment was delayed until now. Counsel do not anticipate, however, that this oversight will delay the proceedings. Therefore,

IT IS HEREBY STIPULATED by and between the parties hereto through their respective attorneys of record that Plaintiff may file an Amended Complaint, a copy of which is attached hereto, adding the true names of Wal-Mart security personnel involved in the alleged incident.

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 Floor, San Jose, CA 95113 (408) 286-5150 filed by defendant to the original complaint shall be responsive to the amended complaint.

ORDER

On stipulation of the parties,

IT IS SO ORDERED.

20090715

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