The opinion of the court was delivered by: Honorable Richard Seeborg District Court Judge
JOINT STIPULATION AND [PROPOSED] ORDER TO TAKE DEFENDANTS' MOTION TO DISMISS OFF CALENDAR TO PERMIT PLAINTIFF TO FILE SECOND AMENDED COMPLAINT
FAC Filed: September 28, 2011
Hearing Date: December 8, 2011
WHEREAS, Plaintiff filed his First Amended Complaint on September 28, 2011, which added a claim for relief for breach of implied contract that was not included in Plaintiff's original Complaint;
WHEREAS, Defendants filed a motion to dismiss the breach of implied contract claim for relief on October 21, 2011, which currently is set for hearing on December 8, 2011;
WHEREAS, Plaintiff's counsel has informed Defendants' counsel that Plaintiff's counsel has recently come into possession of additional information that Plaintiff would like to include in his allegations before the Court rules on any motion to dismiss the breach of implied contract claim for relief; and
WHEREAS, the Parties wish to enable the Court to avoid having to review and rule on Defendants' pending motion to dismiss, given Plaintiff's stated preference to file an amended pleading.
IT IS HEREBY STIPULATED AND AGREED that:
1. The hearing on Defendants' Motion to Dismiss Plaintiff's Breach of Implied Contract Claim will be taken off-calendar;
2. Plaintiff shall file a Second Amended Complaint on or before November 28, 2011;
3. Defendants shall have until no later than December 19, 2011, to file a responsive pleading to the ...