Roadrunner Intermodal Services, LLC v. T.G.S. Transportation, Inc.

Filing 96

STIPULATION and ORDER to File Amended Complaint: Pursuant to the parties' stipulation, Plaintiff Jeffrey Cox may file and serve a First Amended Complaint. Within twenty-one (21) days after filing and service of Plaintiff's First Amended Complaint, Defendants Roadrunner Intermodal Services, LLC, and Central Cal Transportation, LLC may file a response to the First Amended Complaint. signed by Magistrate Judge Barbara A. McAuliffe on 2/27/2018. (Herman, H)

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Howard A. Sagaser, State Bar No. 72492
Ian B. Wieland, State Bar No. 285721
Christopher M. Rusca, State Bar No. 264608
SAGASER, WATKINS & WIELAND, PC
5260 North Palm Avenue, Suite 400
Fresno, California 93704
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff and Counter Defendant
JEFFREY COX
James N. Nelson – SBN 116442
Michelle L. DuCharme – SBN 285572
GREENBERG TRAURIG, LLP
1201 K Street, Suite 1100
Sacramento, CA 95814-3938
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants
ROADRUNNER INTERMODAL SERVICES, LLC
and CENTRAL CAL TRANSPORTATION, LLC

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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Lead Case No. 1:17-cv-01056-DAD-BAM
(consolidated)

JEFFREY COX,
Plaintiff,

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v.

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ROADRUNNER INTERMODAL SERVICES,
LLC, a Delaware limited liability company,
CENTRAL CAL TRANSPORTATION, LLC,
a Delaware limited liability company, and
DOES 1 through 50,

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Defendants.

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STIPULATION AND ORDER TO FILE
AMENDED COMPLAINT

State Action Filed: July 25, 2017
Removal Filed: September 7, 2017

ROADRUNNER INTERMODAL SERVICES,
LLC, a Delaware limited liability company,
Defendant and CounterPlaintiff,

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Member Case No. 1:17-cv-01207-DAD-BAM

v.

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STIPULATION AND ORDER TO FILE AMENDED COMPLAINT

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JEFFREY COX,
Plaintiff and CounterDefendant.

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ROADRUNNER INTERMODAL SERVICES,
LLC, a Delaware limited liability company,

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Plaintiff,

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v.

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T.G.S. TRANSPORTATION, INC., a
California corporation, and DOES 1-10,

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Defendants.
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STIPULATION AND ORDER TO FILE AMENDED COMPLAINT

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Plaintiff Jeffrey Cox (“Plaintiff”) and Defendants Roadrunner Intermodal Services, LLC,

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and Central Cal Transportation, LLC (“Defendants”) (collectively, “the Parties”), by and through

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their respective counsel, hereby stipulate and agree as follows:

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WHEREAS, Plaintiff filed a separate lawsuit against Defendants, titled Jeffrey Cox, et al.

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v. Roadrunner Intermodal Services, LLC, et al., Case No. BC669711, that is currently pending

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before the Superior Court of California, County of Los Angeles;

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WHEREAS, Plaintiff has agreed to dismiss his Labor Code section 1102.5 retaliation cause

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of action against Defendants in his lawsuit that is currently pending before the Superior Court of

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California, County of Los Angeles in order to plead the same in this action and deal with all

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employment-related claims against Defendants in a single action;

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WHEREAS, Plaintiff has indicated an intention to seek leave to file a First Amended

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Complaint to add a new claim here that would be the same as the claims of retaliation in violation

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of Labor Code section 1102.5 and the parties agree that if permitted to do so, the statute of

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limitations on the retaliation claim will be calculated based on the date the Los Angeles County

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Superior Court case referenced above was originally filed, February 16, 2017. See attached;

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WHEREAS, Defendants have agreed that they will waive any and all claims for attorney

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fees and costs against David Chidester in the case titled Jeffrey Cox, et al. v. Roadrunner

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Intermodal Services, LLC, et al., Case No. BC669711, that is currently pending before the

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Superior Court of California, County of Los Angeles;
WHEREAS, Federal Rule of Civil Procedure 15(a)(2) permits any party to file an amended

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pleading “with the opposing party’s written consent;”

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Case No. 1:17-cv-01056-DAD-BAM
STIPULATION AND ORDER TO FILE AMENDED COMPLAINT

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BASED ON THE FOREGOING, THE PARTIES STIPULATE AND AGREE AS FOLLOWS:

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1.

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Pursuant to Federal Rule of Civil Procedure 15(a)(2), Plaintiff may file and serve a First

Amended Complaint following the Court’s approval of this Stipulation; and
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Within twenty-one (21) days after filing and service of Plaintiff’s First Amended

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Complaint, Defendants may file a response to the First Amended Complaint.

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IT IS SO STIPULATED.

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DATED: February 22, 2018

SAGASER, WATKINS & WIELAND PC

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By: /s/ Ian B. Wieland (as authorized on February 22, 2018)
Howard A. Sagaser
Ian B. Wieland
Christopher M. Rusca
Attorneys for JEFFREY COX

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DATED: February 22, 2018

GREENBERG TRAURIG, LLP

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By: /s/ James M. Nelson
James M. Nelson
Michelle L. DuCharme
Attorneys for ROADRUNNER INTERMODAL
SERVICES, LLC and CENTRAL CAL
TRANSPORTATION, LLC

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ORDER

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Pursuant to the parties’ stipulation, Plaintiff Jeffrey Cox may file and serve a First Amended

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Complaint. Within twenty-one (21) days after filing and service of Plaintiff’s First Amended Complaint,

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Defendants Roadrunner Intermodal Services, LLC, and Central Cal Transportation, LLC may file a

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response to the First Amended Complaint.
IT IS SO ORDERED.

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Dated:

February 27, 2018

/s/ Barbara

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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Case No. 1:17-cv-01056-DAD-BAM
STIPULATION AND ORDER TO FILE AMENDED COMPLAINT

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Case No. 1:17-cv-01056-DAD-BAM
STIPULATION AND ORDER TO FILE AMENDED COMPLAINT