Opinion
2:22-cv-00964-JHC
07-17-2023
STUART REGES, Plaintiff, v. ANA MARI CAUCE, et al., Defendants.
James M. Diaz* Foundation for Individual Rights and Expression Gabriel Walters* Joshua T. Bleisch* Foundation for Individual Rights and Expression *Admitted Pro Hac Vice Robert A. Bouvatte Jr. (WSBA #50220) Robert A. Bouvatte, PLLC Attorneys for Plaintiff Aaron Brecher (WSBA #47212) Robert M. McKenna (WSBA #18327) Orrick, Herrington & Sutcliffe LLP R. David Hosp* Kristina D. McKenna* Orrick, Herrington & Sutcliffe LLP *Admitted Pro Hac Vice Attorneys for Defendants Robert M. McKenna (WSBA# 18327) Aaron Brecher (WSBA# 47212) Attorneys for Defendants R. David Hosp Kristina D. McKenna James M. Diaz* *Admitted Pro Hac Vice Attorney for Plaintiff
James M. Diaz* Foundation for Individual Rights and Expression Gabriel Walters* Joshua T. Bleisch* Foundation for Individual Rights and Expression *Admitted Pro Hac Vice Robert A. Bouvatte Jr. (WSBA #50220) Robert A. Bouvatte, PLLC Attorneys for Plaintiff
Aaron Brecher (WSBA #47212) Robert M. McKenna (WSBA #18327) Orrick, Herrington & Sutcliffe LLP R. David Hosp* Kristina D. McKenna* Orrick, Herrington & Sutcliffe LLP *Admitted Pro Hac Vice Attorneys for Defendants
Robert M. McKenna (WSBA# 18327) Aaron Brecher (WSBA# 47212) Attorneys for Defendants
R. David Hosp Kristina D. McKenna James M. Diaz* *Admitted Pro Hac Vice Attorney for Plaintiff
STIPULATED MOTION AND ORDER TO AMEND PLAINTIFF'S COMPLAINT
Hon. John H. Chun, United States District Court Judge
As permitted by Federal Rule of Civil Procedure 15(a)(2), LCR 7(d)(1), LCR 10(g), LCR 15, and the Court's Minute Order Setting Trial Date and Related Dates, ECF No. 39, Plaintiff Stuart Reges (“Plaintiff”) and Defendants Ana Mari Cauce, Nancy Allbritton, Magdalena Balazinska, and Daniel Grossman (“Defendants”), by and through their undersigned counsel, submit this Stipulated Motion to Amend Plaintiff's Complaint. In support of this motion, the parties state that:
WHEREAS on July 13, 2022, Plaintiff, Professor Stuart Reges, filed his Complaint for Civil Rights Violations in this action against the Defendants;
WHEREAS Plaintiff seeks to file his proposed Amended Complaint, which adds newly discovered facts and prayers for relief related to prospective injunctive relief and damages;
WHEREAS a copy of Plaintiff's proposed Amended Complaint is attached as Exhibit A, and that copy strikes through the text to be deleted and underlines the text to be added, in compliance with LCR 15;
WHEREAS Federal Rule of Civil Procedure 15(a)(2) provides that “a party may amend its pleading only with the opposing party's written consent or the court's leave” and that “the court should freely give leave when justice so requires”;
WHEREAS Defendants give their written consent, by and through undersigned counsel, for Plaintiff to amend his Complaint;
WHEREFORE, the Parties hereby jointly request, by and through their respective undersigned counsel, that:
1. The Court grant leave to Plaintiff to file his proposed Amended Complaint and serve it upon all parties via the CM/ECF system within fourteen (14) days of the entry of this Stipulated Motion and its accompanying Order;
2. Defendant's responsive pleading be due thirty (30) days after the Amended Complaint is filed and served.
Pursuant to the foregoing Stipulated Motion to Amend Plaintiff's Complaint, IT IS HEREBY ORDERED that Plaintiff, Stuart Reges, is granted leave to file and to serve upon all parties via CM/ECF his Amended Complaint, a struck-through and underlined copy of which is attached as Exhibit A, within fourteen (14) days of entry of this Order.
IT IS FURTHER ORDERED that Defendants' responsive pleading or motion shall be due thirty (30) days after the Amended Complaint is filed and served.
IT IS SO ORDERED.
CERTIFICATE OF SERVICE
Plaintiff's counsel confirms that a true and correct copy of the foregoing was served by the Court's electronic filing system on July 17, 2023. Notice of this filing will be sent by operation of the Court's electronic filing system to all parties indicated below and parties may access this filing through the Court's electronic filing system.