The opinion of the court was delivered by: John A. Mendez United States District Court Judge
STIPULATION CONSENTING TO PLAINTIFF'S FILING OF AMENDED COMPLAINT AND ORDER VACATING HEARING ON PLAINTIFF'S MOTION FOR LEAVE TO AMEND.
Date: Sept. 1, 2010, Time: 9:30 a.m. Courtroom: 9
Judge: Honorable John A. Mendez
WHEREAS, Plaintiff E.B. Keyes intends to file a Motion for Leave to File its Amended Complaint on July 23, 2010.
WHEREAS after having met and conferred with Plaintiff's Counsel, Defendant Fed EX Ground Package System Inc. ("Fed Ex") has had time to review Plaintiff's proposed First Amended Complaint;
WHEREAS, Defendant Fed Ex consents to Plaintiff's filing of its Amended Complaint without the need for a motion seeking leave of the Court;
THEREFORE, pursuant to Federal Rule of Civil Procedure 15(a)(2), Fed Ex consents to Plaintiff filing its Amended Complaint and the parties hereby stipulate that the Amended Complaint will be filed separately upon Order granting leave by this Court. Further, the parties ask that any hearing on Plaintiff's Motion for Leave to Amend be vacated in response to this stipulation.
Dated: July 23, 2010 Respectfully Submitted, Kenneth C. Absalom James J. Achermann Attorney for Plaintiff E.B. Keyes
Dated: July 23, 2010 Benjamin Ferron Attorney for Defendant Fed Ex Ground Package System Inc.
Pursuant to this stipulation as well as Plaintiff's Motion for Leave to Amend and supporting documents, this Court GRANTS Plaintiff's leave to File a First Amended Complaint within 20 days of this Courts ORDER.
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