Novoa v. Charter Communications, LLC
Filing
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STIPULATION and ORDER for Plaintiff to File Second Amended Complaint by July 6, 2015. (1) Plaintiff may file his Second Amended Complaint by July 6, 2015; (2) Defendants response to Second Amended Complaint shall be due thirty(30) days after the Second Amended Complaint is filed. signed by Magistrate Judge Barbara A. McAuliffe on 6/8/2015. (Herman, H)
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David R. Markham (SBN 071814)
dmarkham@markham-law.com
THE MARKHAM LAW FIRM
750 B Street, Suite 1950
San Diego, California 92101
Tel.: (619) 399-3995
Fax: (619) 615-2067
[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 BY JULY
6, 2015
Action Filed:
07/05/2013
Action Removed: 08/16/2013
Trial Date:
None Set
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Novoa v. Charter Communications, LLC, Case No. 13-cv-1302-AWI (BAM)
STIPULATION AND [PROPOSED] ORDER FOR PLAINTIFF TO FILE
SECOND AMENDED COMPLAINT BY JULY 6, 2015
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Stuart C. Talley (SBN 180374 )
stalley@kcrlegal.com
KERSHAW CUTTER & RATINOFF
401 Watt Avenue
Sacramento, California 95864
Tel: (916) 448-9800
Fax: (916) 669-4499
Joseph Cho (SBN 129219)
jcho@aequitaslawgroup.com
Autumn E. Love (SBN 274209)
alove@aequitaslawgroup.com
Ronald H. Bae (SBN 186826)
rbae@aequitaslawgroup.com
AEQUITAS LAW GROUP
500 S. Grand Avenue, Suite 1310
Los Angeles, California 90071
Tel: (213) 223-7144
Fax: (213) 223-7098
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Attorneys for Plaintiff
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Thomas Kaufman (SBN 177936)
TKaufman@sheppardmullin.com
SHEPPARD MULLIN RICHTER & HAMPTON LLP
1901 Avenue of the Stars, Suite 1600
Los Angeles, CA 90067-6017
Tel: (310) 228-3700
Fax: (310) 228-3942
Attorney for Defendant
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Novoa v. Charter Communications, LLC, Case No. 13-cv-1302-AWI (BAM)
STIPULATION AND [PROPOSED] ORDER FOR PLAINTIFF TO FILE
SECOND AMENDED COMPLAINT BY JULY 6, 2015
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STIPULATION
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WHEREAS, on June 2, 2013, counsel for Plaintiff Luis Novoa (“Plaintiff”)
filed a Stipulation between Plaintiff and Defendant Charter Communications, LLC
(“Defendant”) in which the parties agreed for Plaintiff to file his Second Amended
Complaint, which was attached to the Stipulation as Exhibit A. Dkt. No. 39; and
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WHEREAS, on June 3, 2015, the Court granted the parties’ Stipulation and
ordered Plaintiff to file his Second Amended Complaint by June 8, 2015. Dkt. No.
40; and
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WHEREAS, Plaintiff’s proposed Second Amended Complaint contains a
cause of action under Private Attorney General Act of 2004, (“PAGA”), codified in
California Labor Code, section 2698, et seq., which is not ripe until 33 days after
Plaintiff gives notice to the Labor and Workforce Development Agency (“LWDA”).
Lab. Code, §2699.3(a); and
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WHEREAS, Plaintiff mailed notice to the LWDA on June 2, 2015.
Therefore, under Labor Code section 2699.3(a), Plaintiff may file his Second
Amended Complaint containing a cause of action under PAGA no sooner than July
6, 2015.
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NOW THEREFORE 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 with the PAGA cause of
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action by July 6, 2015.
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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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Novoa v. Charter Communications, LLC, Case No. 13-cv-1302-AWI (BAM)
STIPULATION AND [PROPOSED] ORDER FOR PLAINTIFF TO FILE
SECOND AMENDED COMPLAINT BY JULY 6, 2015
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IT IS SO STIPULATED.
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Dated: June 3, 2015
Respectfully submitted:
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THE MARKHAM LAW FIRM
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/s/ David R. Markham
Attorney for Plaintiff
E-mail: dmarkham@markham-law.com
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Dated: June 3, 2015
Respectfully submitted:
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SHEPPARD MULLIN RICHTER &
HAMPTON, LLP
/s/ Thomas R. Kaufman
Attorney for Defendant
E-mail: tkaufman@sheppardmullin.com
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: dmarkham@markham-law.com
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Novoa v. Charter Communications, LLC, Case No. 13-cv-1302-AWI (BAM)
STIPULATION AND [PROPOSED] ORDER FOR PLAINTIFF TO FILE
SECOND AMENDED COMPLAINT BY JULY 6, 2015
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ORDER
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Good cause having been shown, based upon the parties’ signed Stipulation
filed on June 3, 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 by July 6, 2015;
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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IT IS SO ORDERED.
Dated:
/s/ Barbara A. McAuliffe
June 8, 2015
UNITED STATES MAGISTRATE JUDGE
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Novoa v. Charter Communications, LLC, Case No. 13-cv-1302-AWI (BAM)
STIPULATION AND [PROPOSED] ORDER FOR PLAINTIFF TO FILE
SECOND AMENDED COMPLAINT BY JULY 6, 2015
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