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Marshall Loskot v. Rafael Galvan

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


November 1, 2012

MARSHALL LOSKOT, PLAINTIFF,
v.
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

ORDER*fn2

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a First Amended Complaint, Plaintiff's unopposed Amended Motion for Leave to File a First Amended Complaint is deemed withdrawn.


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