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Pacific Marine Center, Inc. v. Silva

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 22, 2010

PACIFIC MARINE CENTER, INC., A CALIFORNIA CORPORATION; SONA VARTANIAN, AN INDIVIDUAL, PLAINTIFFS,
v.
SCOTT SILVA, IN HIS INDIVIDUAL CAPACITY; TOM WILSON, IN HIS INDIVIDUAL CAPACITY; E. ESSEGIAN, IN HIS INDIVIDUAL CAPACITY; AND DOES 1-25, INCLUSIVELY, DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER DENYING PLAINTIFFS' MOTION FOR LEAVE TO AMEND AS MOOT

ORDER VACATING SCHEDULING CONFERENCE ORDER

ORDER DENYING DEFENDANT'S MOTION TO AMEND THE SCHEDULING CONFERENCE ORDER AS MOOT (Documents 70 and 90)

On August 10, 2010, Plaintiffs, Pacific Marine Center and Sona Vartanian ("Plaintiffs") filed a Motion to Amend the First Amended Complaint ("FAC"). (Doc. 90). Subsequently, on August 10, 2010, the parties filed a joint stipulation in which the parties consented to the filing of a Second Amended Complaint ("SAC"). The Court adopts this stipulation. As such, Plaintiffs' Motion to Amend the FAC is DENIED as moot. The hearing scheduled for August 27, 2010 at 9:30 is VACATED. Plaintiffs shall serve the SAC on all of the parties within thirty (30) days of the issuance of this order.

Given that additional parties will be added to this litigation, the dates set forth in the Scheduling Conference Order issued on February 4, 2010 are VACATED. (Doc. 41). Accordingly, Defendant Essegian's Motion to Amend the Scheduling Order filed on July 9, 2010 is also DENIED as moot. (Doc. 70).

The Clerk of the Court is directed to docket the SAC which is attached as Exhibit 1 to Plaintiffs' Motion to Amend the First Amended Complaint. (Doc. 90-1). A scheduling conference will be held before the undersigned in Courtroom 10 on November 10, 2010, at 9:30 am after all of the defendants have been served. Defendant Essegian's pending discovery motions will proceed as scheduled. No new discovery motions shall be filed until a new Scheduling Conference Order is issued.

IT IS SO ORDERED.

20100822

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