Charles W. Cooley v. Indian River Transport Co.

Filing 54

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 06/07/18 GRANTING plaintiff Charles Cooley LEAVE TO AMEND to file his First Amended Complaint; defendant's responsive pleading is due 30 days after the First Amended Complaint is filed. The Amended Complaint (attached to 53 Proposed Stipulation and Order) is DEEMED filed as of the date of this Order. (Benson, A.)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 DESAI LAW FIRM, P.C. Aashish Y. Desai, Esq. (SBN 187394) Adrianne De Castro, Esq. (SBN 238930) 3200 Bristol Street, Ste. 650 Costa Mesa, CA 92626 Telephone: (949) 614-5830 Facsimile: (949) 271-4190 aashish@desai-law.com Attorneys for Plaintiffs RICHARD RAHM, Bar No. 130278 rrahm@littler.com ALEXANDRA HEMENWAY, Bar No 297888 ahemenway@littler.com 333 Bush St., 34th Floor. San Francisco, CA 94104 Telephone: 415.433.1940 Facsimile: 415.399.8490 BRITNEY N. TORRES, Bar No. 287019 btorres@littler.com 500 Capitol Mall, Suite 2000 Sacramento, CA 95814.4737 Telephone: 916.830.7211 Facsimile: 916.561.0828 Attorneys for Defendant INDIAN RIVER TRANSPORT CO. 16 17 UNITED STATES DISTRICT COURT 18 EASTERN DISTRICT OF CALIFORNIA 19 20 21 CHARLES W. COOLEY on behalf of himself and all others similarly situated, Plaintiffs, 22 23 v. INDIAN RIVER TRANSPORT CO., a Florida Corporation, and DOES 1-10, 25 inclusive, 24 26 27 28 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1 CASE NO.: 1:18−CV−00491−WBSBAM Judge: William B. Shubb STIPULATION AND ORDER ALLOWING PLAINTIFF TO FILE FIRST AMENDED COMPLAINT 1 2 3 ) ) ) Complaint Filed: April 7, 2017 ) ) ) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 WHEREAS on April 7, 2017, Plaintiff Charles Cooley (“Plaintiff”) filed his 2 Complaint for violations of the California Labor Code and Unfair Competition Law 3 against Indian River Transport Co. (“Defendant”). 4 5 6 7 8 9 10 11 WHEREAS Plaintiff seeks to file a First Amended Complaint, which adds two proposed Class Representatives, Nicholas Marone and Grady Anderson. WHEREAS a copy of Plaintiff’s proposed First Amended Complaint is attached hereto as Exhibit “A.” WHEREAS Defendant does not oppose Plaintiff filing a First Amended Complaint limited to adding the above proposed putative Class Representatives. IT IS HEREBY STIPULATED, by and between Plaintiffs and Defendant, by and through their respective counsel, that: 12 13 1. Defendant does not oppose the Court’s granting Plaintiff leave to file his 14 First Amended Complaint, which is limited to adding two proposed putative Class 15 Representatives, a copy of which is attached hereto as Exhibit “A.” 16 17 2. Defendant’s responsive pleading shall be due thirty (30) days after the First Amended Complaint is filed. 18 ORDER 19 20 21 The Court having reviewed the foregoing Stipulation, and good cause appearing therefore: 22 23 IT IS HEREBY ORDERED that Plaintiff Charles Cooley is granted leave to 24 amend to file his First Amended Complaint, a copy of which is attached hereto as 25 Exhibit “A.” 26 27 28 IT IS ALSO ORDERED that Defendant’s responsive pleading shall be due thirty (30) days after the First Amended Complaint is filed. 1 1 2 IT IS FURTHER ORDERED that the First Amended Complaint is deemed filed as of the date this Order is transmitted via the CM/ECF system. 3 4 IT IS SO ORDERED. 5 6 Dated: June 7, 2018 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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