UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
September 17, 2012
CITY OF MODESTO, MODESTO POLICE DEPARTMENT, AND LEE F. GAINES, II
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
ORDER PERMITTING PLAINTIFF TO FILE FIRST AMENDED COMPLAINT AND WITHDRAWAL OF DEFENDANTS' MOTION TO DISMISS
The parties, having filed the Stipulation Permitting Plaintiff To File First Amended Complaint and Withdrawal of Defendants' Motion To Dismiss, and the Court having reviewed the same, the Court makes the following findings and Order.
1. Plaintiff filed a Complaint For Damages with this Court on August 1, 2012.
2. Defendants filed a Motion To Dismiss on August 31, 2012.
3. The parties met and conferred over Defendants' Motion To Dismiss and Plaintiff supplied Defendant with a copy of the proposed First Amended Complaint attached hereto.
4. In lieu of Plaintiff filing an Opposition and the Court issuing a ruling on such Motion To Dismiss, Plaintiff is permitted to file the First Amended Complaint attached hereto.
5. Upon filing of this Stipulation Permitting Plaintiff To File First Amended Complaint and the attached First Amended Complaint, Defendants' Motion To Dismiss is withdrawn.
6. Defendants shall have 21 days from the date the Order is filed by the Court in which to file an Answer to the First Amended Complaint.
IT IS SO ORDERED.
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