Villarreal et al v. Perfection Pet Foods, LLC

Filing 10

STIPULATION and ORDER GRANTING the parties' request for an extension of time to 1/10/2017 for the filing of plaintiffs' first amended complaint, with any responsive pleading due by 1/24/2017. Order signed by Magistrate Judge Erica P. Grosjean on 12/12/2016. (Rooney, M)

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HOYER & HICKS
Richard A. Hoyer (SBN 151931)
[e-mail]
Ryan L. Hicks (SBN 260284)
[e-mail]
Jennifer E. McGuire (SBN 282704)
[e-mail]
4 Embarcadero Center, Suite 1400
San Francisco, CA 94111
tel [phone]
fax [phone]
Attorneys for Plaintiffs
STEVEN VILLARREAL, AGUSTIN BENITEZ, and CARLOS MORALES

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Mark D. Kruthers
[e-mail]
Dowling Aaron Incorporated
8080 N. Palm Ave. Third Floor
Fresno, CA 93711
tel [phone]
fax [phone]

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Attorneys for PERFECTION PET FOODS, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVEN VILLARREAL, AGUSTIN
BENITEZ, and CARLOS MORALES, on
behalf of themselves and all others
similarly situated,

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Case No. 1:16-cv-01661-LJO-EPG
STIPULATION AND ORDER RE:
COMPLAINT/FIRST AMENDED
COMPLAINT AND RESPONSE TO SAME

Plaintiffs,

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vs.
PERFECTION PET FOODS, LLC, a
California limited liability company,
Defendants.

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///

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I.

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STIPULATION

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Plaintiffs STEVEN VILLARREAL, AGUSTIN BENITEZ, and CARLOS MORALES

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collectively, "Plaintiffs") and Defendant PERFECTION PET FOODS, LLC ("Defendant")

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hereby agree as follows:

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1.

Plaintiffs filed the complaint in this case on November 2, 2016 (the

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"Complaint") and notified the Labor and Workforce Development Agency ("LWDA") of

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their claims on the same day.

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2.

If the LWDA does not notify Plaintiffs of its decision to investigate Plaintiffs'

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claims on or before January 6, 2016, Plaintiffs intend to file a First Amended Complaint

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("FAC") to include Private Attorney General Act claims and penalties. California Labor

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Code section 2699.3(a)(C) grants Plaintiffs the right to amend the Complaint if the

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LWDA does not notify Plaintiffs of its intent to investigate.

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3.

Defendant agrees that Plaintiffs may file a FAC on or before January 10,

2017 to include such claims and penalties.

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4.

While Plaintiffs previously served the Complaint on Defendant, the parties

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agree that since the FAC may be filed, it makes sense to continue the deadline for

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Defendant to respond to the Complaint. In the event the FAC is filed, the parties agree

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that Defendant will simply respond to that pleading. In the event the FAC is not filed,

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Defendant will respond to the Complaint.

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4.

Accordingly, the parties agree to continue Defendant's deadline to

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respond to the Complaint to January 24, 2017. In the event the FAC is filed, Defendant

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will file a response to the pleading on or before January 24, 2017. In the event the FAC

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is not filed, Defendant will file a response to that pleading on or before January 24,

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2017.

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5.

The Mandatory Scheduling Conference in the above captioned-action is

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set for February 7, 2016.

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Stipulation will not prevent the Mandatory Scheduling Conference from proceeding as

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scheduled and all parties will have appeared in the case by the time of the Mandatory

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Scheduling Conference.

Accordingly, the deadlines addressed by way of this

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IT IS SO STIPULATED.

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Pursuant to Civil Local Rule 131(e), concurrence in the filing of this document

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has been obtained from Jennifer E. McGuire, Counsel for Plaintiffs on December 8,

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2016.

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HOYER & HICKS

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Date: December 8, 2016

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/s/ Jennifer E. McGuire
(as authorized on 1218116)
Jennifer E. McGuire
Attorneys for Plaintiffs Steven Villarreal,
Agustin Benitez, and Carlos Morales
DOWLING AARON INCORPORATED

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Date: December 8, 2016

/s/ Mark D. Kruthers
Mark D. Kruthers
Attorneys for
Perfection Pet Foods, LLC

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ORDER

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Based upon the foregoing stipulation and good cause appearing, Plaintiffs may file a FAC

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on or before January 10, 2017, and Defendant's deadline to respond to the Complaint is extended

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to January 24, 2017.

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IT IS SO ORDERED.
Dated:

December 12, 2016

/s/
UNITED STATES MAGISTRATE JUDGE