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Monica Rivera v. City of Richmond

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


December 31, 2012

MONICA RIVERA, PLAINTIFF,
v.
CITY OF RICHMOND, RITZIE TOLENTINO (#163), AMIT NATH (#105), AND DOES 1 TO 10, INCLUSIVE DEFENDANTS.

The opinion of the court was delivered by: Hon. Elizabeth D. Laporte U.S. Magistrate Judge

STIPULATION AND [PROPOSED] ORDER FOR FILING OF FIRST AMENDED COMPLAINT [FED. R. CIV. P. 15(A)(2)]

WHEREAS Defendant City of Richmond filed a motion to dismiss the complaint on December 10, 2012; and 21

WHEREAS Plaintiff Monica Rivera filed an opposition to the motion to dismiss on December 21, 2012; and 23

WHEREAS the undersigned Parties, being all Parties who have appeared in the action, 24 agree that the motion to dismiss may be withdrawn without prejudice and that Plaintiff may file a 25 First Amended Complaint; Therefore 26

The Parties STIPULATE and AGREE as follows:

1. Pursuant to Fed. R. Civ. P. 15(a)(2), plaintiff may file a First Amended Complaint 28 by January 18, 2013.

2. The Motion to Dismiss the Complaint set for hearing on January 15, 2013 shall be

2 taken off calendar without prejudice to Defendant's right to renotice the motion in the event that 3 no amended complaint is filed. 4

3. Defendant reserves its right to respond to the First Amended Complaint by motion 5 or answer. 6

STIPULATED and AGREED: 7 Dated: November 28, 2012 NEWDORF LEGAL 8 9 By:/s/ David B. Newdorf DAVID B. NEWDORF 10 10 Attorneys for Defendant CITY OF RICHMOND KESSLER LAW FIRM 220 Montgomery St. #1850 EGAL L EWDORF N San Francisco, CA 94104 1234 - (415) 357 220 Montgomery St. #1850 AL EG San Francisco, CA 94104 1234 13 13 L By:/s/ Darren J. Kessler EWDORF (415) 357 DARREN J. KESSLER - 14 14 15 15 Attorneys for Plaintiff MONICA RIVERA

ORDER

Pursuant to Stipulation, it is ORDERED that:

1. Plaintiff may file a First Amended Complaint by (and including) January 18, 2013;

2. The Motion to Dismiss the Complaint set for hearing on January 15, 2013 is taken 20 20 off calendar without prejudice to Defendant's right to renotice the motion in the event that no 21 21 amended complaint is filed. 22 22

IT IS SO ORDERED.

20121231

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