Williams v. U.S. Bank National Association

Filing 83

STIPULATION and ORDER ALLOWING PLAINTIFF TO FILE AMENDED COMPLAINT signed by Judge Lawrence K. Karlton on 11/15/2013. Plaintiff may have leave to file her First Amended Complaint, attached as Exhibit A. (Attachments: # 1 Exhibit A)(Zignago, K.)

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1 2 3 4 5 Matthew C. Helland, CA State Bar No. 250451 Helland@nka.com NICHOLS KASTER, LLP One Embarcadero Center, Suite 720 San Francisco, CA 94111 Telephone: (415) 277-7235 Facsimile: (415) 277-7238 6 Attorney for Plaintiffs and those similarly situated 7 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership Including Professional Corporations SAMANTHA D. HARDY, Cal. Bar No. 199125 shardy@sheppardmullin.com HALI M. ANDERSON, Cal. Bar No. 261816 handerson@sheppardmullin.com 501 West Broadway, 19th Floor San Diego, California 92101-3598 Telephone: 619.338.6500 Facsimile: 619.234.3815 8 9 10 11 12 13 Attorneys for Defendant U.S. BANK NATIONAL ASSOCIATION 14 IN THE UNTIED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 15 16 17 KAREN WILLIAMS, individually and on behalf of all others similarly situated, Case No. 2:12-cv-01907-LKK-EFB CLASS ACTION 18 19 20 21 Plaintiff, vs. U.S. BANK NATIONAL ASSOCIATION, Defendant. JOINT STIPULATION AND ORDER ALLOWING PLAINTIFF TO FILE AMENDED COMPLAINT The Hon. Lawrence K. Karlton Magistrate Judge Edmund F. Brennan 22 23 24 25 26 27 The parties, by and through their attorneys of record, hereby stipulate and agree as follows, pursuant to Fed. R. Civ. P. 15(a)(2): WHEREAS, on July 20, 2012, Plaintiff Karen Williams filed her initial complaint asserting claims under the Fair Labor Standards Act; 28 -1JOINT STIPULATION ALLOWING PLAINTIFF TO FILE AMENDED COMPLAINT 1 2 WHEREAS, Plaintiff filed her motion for conditional certification of her FLSA claims on February 25, 2013; 3 4 WHEREAS, on June 20, 2013, the Court granted Plaintiff’s motion for conditional certification; 5 WHEREAS, Plaintiff distributed judicial notice to the FLSA Collective on July 11, 2013; 6 WHEREAS, additional Plaintiffs filed consent forms to join the case during the opt-in 7 8 9 10 11 period; WHEREAS, Plaintiff seeks to amend her complaint to add additional opt-in Plaintiffs with California state law claims; WHEREAS, the parties met and conferred regarding the filing of the proposed First Amended Complaint, attached as Exhibit A; 12 WHEREAS, Defendant maintains that the claims in the First Amended Complaint do not 13 have merit, but Defendant is nevertheless willing to allow the filing of the First Amended 14 Complaint; 15 16 17 18 19 WHEREAS, the parties agree that the applicable statutes of limitations will not relate back to the filing of Plaintiff’s original complaint; and WHEREAS, the deadline for Plaintiff to amend her complaint and add parties is November 8, 2013; WHEREFORE, the parties hereby STIPULATE AND AGREE that Plaintiff may have 20 leave to file her First Amended Complaint, attached as Exhibit A. 21 Dated: November 8, 2013 22 NICHOLS KASTER, LLP By: 23 /s/Matthew C. Helland Matthew C. Helland Attorney for Plaintiff and Others Similarly Situated 24 25 Dated: November 8, 2013 SHEPPARD MULLIN RICHTER & HAMPTON 26 By: 27 28 s/Samantha Hardy (as authorized on 11/8/13) Samantha Hardy Attorneys for Defendant -2JOINT STIPULATION AND [proposed] ORDER ALLOWING PLAINTIFF TO FILE AMENDED COMPLAINT 1 IT IS SO ORDERED. 2 Dated: November 15, 2013. 3 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 -3JOINT STIPULATION AND [proposed] ORDER ALLOWING PLAINTIFF TO FILE AMENDED COMPLAINT

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