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Louis J. Amendola, An Individual, Fresno Beverage Company, Inc., A California Corporation, Dba Valley v. Howard Reissner

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 12, 2012

LOUIS J. AMENDOLA, AN INDIVIDUAL, FRESNO BEVERAGE COMPANY, INC., A CALIFORNIA CORPORATION, DBA VALLEY WIDE BEVERAGE COMPANY,
PLAINTIFFS,
v.
HOWARD REISSNER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER GRANTING IN PART THE PARTIES' STIPULATED REQUEST

(Docket No. 16) On April 10, 2012, the parties stipulated that Plaintiffs be permitted to file a First Amended Complaint. (Doc. 16.) The parties stipulated that the proposed First Amended Complaint attached to their stipulation be deemed filed, subject to the Court's approval. (See Doc. 16-1.) The parties further stipulated that Defendants may, "at their option," file a response to the amended complaint; if they did not do so, their answer already on file would be deemed an Answer to the amended complaint.

Although the Court approves the parties' stipulation as it relates to the filing of amended pleadings, for purposes of docket management, the operative pleadings must be filed on the docket separately. Thus, Plaintiffs must file their First Amended Complaint -- the Court will not deem it filed. Further, Defendants must file a response to the First Amended Complaint, but they may elect to refile the original Answer to the complaint.

Accordingly, IT IS HEREBY ORDERED that:

1. Within two (2) days from the date of this order, Plaintiffs shall file a First Amended Complaint conforming to the proposed amended complaint filed as an exhibit to the parties' stipulation; and

2. Within twenty (20) days from the date of this order, Defendant shall file a response to the First Amended Complaint or refile the Answer that is already contained on the docket.

IT IS SO ORDERED.

20120412

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