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East West Resort Development V, L.P. v. ACE American Insurance Co.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 18, 2010

EAST WEST RESORT DEVELOPMENT V, L.P., A DELAWARE LIMITED PARTNERSHIP; NORTHSTAR BIG HORN, LLC, A DELAWARE LIMITED LIABILITY COMPANY; AND NORTHSTAR IRON HORSE, LLC, A DELAWARE LIMITED LIABILITY COMPANY; AND OLD THEREON GREENWOOD, LLC, A DELAWARE LIMITED LIABILITY COMPANY; PLAINTIFFS;
v.
ACE AMERICAN INSURANCE COMPANY, A PENNSYLVANIA CORPORATION; AND DOES 1 THROUGH 10, INCLUSIVE; DEFENDANTS.

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

STIPULATION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT; ORDER

RECITALS

WHEREAS, plaintiffs filed a First Amended Complaint on July 6, 2010; and

WHEREAS, on July 23, 2010, defendant filed a motion to dismiss plaintiffs' First Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim; and

WHEREAS, plaintiffs have requested that defendant allow it to file a Second Amended Complaint and take its pending motion to dismiss off calendar without any prejudice as to responding to plaintiffs' Second Amended Complaint;

STIPULATION

IT IS HEREBY STIPULATED by and between the parties hereto through their respective attorneys of record that plaintiffs shall file and serve a Second Amended Complaint within twenty-one (21) days of execution of this Stipulation.

IT IS FURTHER STIPULATED that defendant has thirty (30) days from service of the Second Amended Complaint to respond to the Second Amended Complaint whether by answer, motion or otherwise.

ORDER

IT IS SO ORDERED.

20100818

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