Mathein v. Pier 1 Imports, Inc. et al

Filing 19

ORDER RE STIPULATION TO FILE FIRST AMENDED COMPLAINT. Plaintiff shall file her First Amended Complaint within seven (7) calendar days of the date this Order is filed; and Defendants response thereto shall be filed within twenty-eight (28) days after the First Amended Complaint is filed. Signed by Magistrate Judge Stanley A. Boone on 9/2/2016. (Hernandez, M)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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LAUREN MATHEIN, individually and on
behalf of all others similarly situated,
Plaintiff,

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v.

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PIER 1 IMPORTS, INC.; PIER 1 IMPORTS
(U.S.), INC.; and DOES 1 through 10,
inclusive,

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Defendants.

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Case No. 1: 16-cv-00087-DAD-SAB
CLASS ACTION
ORDER RE STIPULATION TO FILE
FIRSTAMENDED COMPLAINT
(ECF No. 16)

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STIPULATION

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WHEREAS, on January 20, 2016, Lauren Mathein (“Plaintiff”) filed the Complaint in this

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matter;
WHEREAS, Pier 1 Imports (U.S.), Inc. and Pier 1 Imports, Inc. (“Defendants”) filed their
Answer on March 14, 2016;
WHEREAS, a former employee of Defendant Pier 1 Imports (U.S.), Inc. wishes to serve as
a second class representative in this matter;

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WHEREAS, Plaintiff also wishes to add two additional causes of action that derive from the

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core factual allegations in this matter; namely, Defendant Pier 1 Imports (U.S.), Inc.’s “Call-In,” or

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“Flex Shift” scheduling policy;

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WHEREAS, because Defendants have filed an answer in this matter, Plaintiff may no
longer amend her complaint as a matter of right; and

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WHEREAS, the parties agree that placing all potential claims relating to Defendant Pier 1

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Imports (U.S.), Inc.’s “Call-In” or “Flex Shift” scheduling policy at issue at this time would result

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in the most efficient use of the Court’s and parties’ resources, and would maintain judicial

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efficiency.

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THEREFORE, the parties, through their respective counsel of record, stipulate that:

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(a)

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Plaintiff will file the First Amended Complaint, attached hereto as Exhibit A, within

seven (7) days of an order granting this Stipulation; and
(b)

Defendants will have twenty-eight (28) days from the date Plaintiff files her First

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Amended Complaint to file their responsive pleading.

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IT IS SO STIPULATED.

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DATED: August 30, 2016

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MARLIN & SALTZMAN, LLP
By: /s/ David C. Leimbach
David C. Leimbach
Attorneys for Plaintiff

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DATED: August 30, 2016

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AKIN GUMP STRAUSS HAUER & FELD LLP
GREGORY W. KNOPP
GALIT A. KNOTZ
JONATHAN S. CHRISTIE

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By /s/ Gregory W. Knopp
Gregory W. Knopp
Attorneys for Defendant, Pier 1 Imports, Inc. and
PIER 1 IMPORTS (U.S.), INC.

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ORDER

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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff shall file her First Amended Complaint within seven (7) calendar days of

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the date this Order is filed; and

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2.

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Defendants’ response thereto shall be filed within twenty-eight (28) days after the
First Amended Complaint is filed.

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IT IS SO ORDERED.

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Dated:

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September 2, 2016
UNITED STATES MAGISTRATE JUDGE

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