Novoa v. Charter Communications, LLC

Filing 40

STIPULATION and ORDER for Plaintiff to File Second Amended Complaint: upon the parties signed Stipulation filed on June 2, 2015, and based on the records in the above-captioned action, the Court hereby orders as follows: (1) Plaintiff may file his Second Amended Complaint no later than June 8, 2015; (2) Defendants response to Second Amended Complaint shall be due thirty (30) days after the Second Amended Complaint is filed. (3) All dates previously set (Doc. 34) remain in effect. signed by Magistrate Judge Barbara A. McAuliffe on 6/3/2015. (Herman, H)

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David R. Markham (SBN 071814)
[e-mail]
THE MARKHAM LAW FIRM
750 B Street, Suite 1950
San Diego, California 92101
Tel.: [phone]
Fax: [phone]
[Additional counsel list on next page]

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Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
LUIS NOVOA, individually, and on
behalf of other members of the general
public similarly situated,

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Plaintiff,
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vs.
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CHARTER COMMUNICATIONS, LLC, )
a Delaware limited liability company; and )
DOES 1 through 100, inclusive,
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Defendant.
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_________________________________ )

CASE NO. 1:13-cv-01302-AWI-BAM
CLASS ACTION
Hon. Anthony W. Ishii
Hon. Barbara A. McAuliffe
STIPULATION AND ORDER FOR
PLAINTIFF TO FILE SECOND
AMENDED COMPLAINT

Action Filed:
07/05/2013
Action Removed: 08/16/2013
Trial Date:
None Set

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Stuart C. Talley (SBN 180374 )
[e-mail]
KERSHAW CUTTER & RATINOFF
401 Watt Avenue
Sacramento, California 95864
Tel: [phone]
Fax: [phone]
Joseph Cho (SBN 129219)
[e-mail]
Autumn E. Love (SBN 274209)
[e-mail]
Ronald H. Bae (SBN 186826)
[e-mail]
AEQUITAS LAW GROUP
500 S. Grand Avenue, Suite 1310
Los Angeles, California 90071
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff
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Thomas Kaufman (SBN 177936)
[e-mail]
SHEPPARD MULLIN RICHTER & HAMPTON LLP
1901 Avenue of the Stars, Suite 1600
Los Angeles, CA 90067-6017
Tel: [phone]
Fax: [phone]

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Attorney for Defendant

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STIPULATION

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WHEREAS, on July 5, 2013, Plaintiff Luis Novoa (“Plaintiff”) filed his
Complaint in the Superior Court of California for the County of Stanislaus against
Defendant Charter Communications, LLC (“Defendant”);

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WHEREAS, on August 16, 2013, Defendant removed this action to this
Court;

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WHEREAS, the currently operative complaint in this action is First Amended
Complaint, filed on October 31, 2013;

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WHEREAS, Plaintiff seeks to file his Second Amended Complaint which
adds Michael Alvarez, Brian Belote-Dinford and Trevor Grant as additional class
representatives. A copy of the proposed Second Amended Complaint is attached
hereto as Exhibit A;

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IT IS HEREBY STIPULATED, by and between Plaintiff and Defendant, by
and through their respective counsel of record, that:

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1. Plaintiff may file his Second Amended Complaint (attached as Exhibit A);

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2. Defendant’s response to Plaintiff’s Second Amended Complaint shall be

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filed within thirty (30) days after the Second Amended Complaint is filed.
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IT IS SO STIPULATED.

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Dated: June 2, 2015

Respectfully submitted:

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THE MARKHAM LAW FIRM

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/s/ David R. Markham
Attorney for Plaintiff
E-mail: [e-mail]

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Dated: June 2, 2015

Respectfully submitted:

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SHEPPARD MULLIN RICHTER &
HAMPTON, LLP
/s/ Thomas R. Kaufman
Attorney for Defendant
E-mail: [e-mail]
I, David R. Markham, attest that I have obtained concurrence from defense
counsel regarding the filing of this Stipulation.

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THE MARKHAM LAW FIRM

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/s/ David R. Markham
Attorney for Plaintiff
E-mail: [e-mail]

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ORDER

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Good cause having been shown, based upon the parties’ signed Stipulation
filed on June 2, 2015, and based on the records in the above-captioned action, the
Court hereby orders as follows:
1. Plaintiff may file his Second Amended Complaint no later than June 8,
2015;

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2. Defendant’s response to Second Amended Complaint shall be due thirty
(30) days after the Second Amended Complaint is filed.

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3. All dates previously set (Doc. 34) remain in effect.
IT IS SO ORDERED.

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Dated:

June 3, 2015

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE