The opinion of the court was delivered by: Morrison C. England, JR United States District Judge
STIPULATION TO AMEND COMPLAINT;
Stipulation and Order Allowing Plaintiff to Amend Complaint
This Stipulation is made and entered into between Plaintiff, DIANE OGDEN, and Defendant, FIRST-CITIZENS BANK & TRUST COMPANY, by and through their respective counsel, with reference to the following:
1. On April 26, 2012, Plaintiff filed her Complaint in the above-reference matter in Sacramento County Superior Court;
2. On June 13, 2012, Defendant removed this action to this Court;
3. On or about July 31, 2012, a Substitution of Counsel was signed in this matter granting this firm the right to represent Plaintiff in this matter;
4. On August 1, 2012, immediately after being brought into this case, the parties met and conferred as required by Rule 26;
5. In the preparation for production of initial disclosures, which were due September 4, 2012, Plaintiff's counsel discovered that an amendment to the Complaint is necessary and appropriate;
6. Defendant's counsel has consented to the amendment. By consenting to the amendment, Defendant does not waive any defenses.
THEREFORE, Plaintiff and Defendant hereby stipulate that Plaintiff can amend her Complaint to add a claim for violation of California's Government Code section 12940 with three counts: 1) discrimination on the basis of disability; 2) failure to accommodate; and
3) failure to engage in an interactive process.
FURTHER, the parties hereby stipulate that Plaintiff can amend her Complaint to clarify that her Third Cause of Action for Wrongful Termination in Violation of Public Policy includes as a "public policy" a duty ...