IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 1, 2012
MARSHALL LOSKOT, PLAINTIFF,
RAFAEL GALVAN, JR., AKA RAFAEL GALVAN ESTRADA, DBA MI SOMBRERO FRESH MEXICAN GRILL; BEVERLY DUPREY, TRUSTEE OF THE BEVERLY DUPREY FAMILY TRUST; FRANCISCO J. GALVAN,*FN1 DEFENDANTS.
The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge
On October 4, 2012, Plaintiff filed an Amended Motion for Leave to File a First Amended Complaint "against Defendant[s] FRANCISCO J. GALVAN and MARIA G. JAUREGUI." (ECF No. 11, 1:23-24.) The parties then filed, and the Court signed, a Stipulation and Proposed Order permitting Plaintiff to "file a First Amended Complaint adding Defendant FRANCISCO J. GALVAN." (ECF No. 14, 1:20-21; ECF No. 16, 1:20-21.) In light of Plaintiff's pending motion, requesting leave to name two new defendants, Plaintiff was further "directed to file a document with the Court by October 31, 2012, in which he clarifies whether Plaintiff still seeks leave to name Maria G. Jauregui." (ECF No. 15.) Plaintiff subsequently filed a First Amended Complaint, naming Galvan as a defendant, but he failed to respond to the Court's direction by clarifying whether he still seeks leave to name Jauregui as a defendant. (ECF No. 17.) Given these facts, and given that Plaintiff sought leave to file a First Amended Complaint and has now filed a First Amended Complaint, Plaintiff's unopposed Amended Motion for Leave to File a First Amended Complaint is deemed withdrawn.