McCrary v. Campbell Soup Supply Company, LLC et al

Filing 16

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 10/2/2013 ORDERING 14 Plaintiff's Second Amended Complaint shall be the operative complaint in this matter; Plaintiff's Second Amended Complaint shall be DEEMED filed upon entry of the Order on this Stipulation; and Defendant shall have 30 days to respond to the Second Amended Complaint to commence upon entry of this Order. (Reader, L)

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KENNETH S. GAINES, ESQ. SBN 049045
[e-mail]
DANIEL F. GAINES, ESQ. SBN 251488
[e-mail]
ALEX P. KATOFSKY, ESQ. SBN 202754
[e-mail]
GAINES & GAINES, APLC
21550 Oxnard Street, Suite 980
Woodland Hills, CA 91367
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff DANNY McCRARY

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RONALD W. BROWN, ESQ. SBN 107340
[e-mail]
CARRIE E. BUSHMAN, ESQ. SBN 18613
[e-mail]
MEG E. WILSON, ESQ. SBN 278386
[e-mail]
COOK BROWN, LLP
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
CAMBELL SOUP SUPPLY COMPANY, L.L.C.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANNY McCRARY, on behalf of himself
and all others similarly situated, and on
behalf of the general public,
Plaintiffs,

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Case No.: 2:13-cv-01332-GEB-KJN
JOINT STIPULATION AND [PROPOSED]
ORDER REGARDING FILING OF
SECOND AMENDED COMPLAINT

v.
CAMPBELL SOUP SUPPLY COMPANY
L.L.C., a Delaware limited liability
company, and DOES 1 through 10,
inclusive,
Defendants.

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STIP. AND ORDER REGARDING FILING
OF SECOND AMENDED COMPLAINT

Case No.: 2:13-cv-01332-GEB-KJN

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RECITALS

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A.

WHEREAS, DANNY McCRARY ("Plaintiff ") filed his Original Complaint

in San Joaquin County Superior Court on June 3, 2013;
B.

WHEREAS, Plaintiff filed his First Amended Complaint (“FAC”) in San

Joaquin County Superior Court on June 27, 2013;
C.

WHEREAS, on or about July 3, 2013, Defendant removed the action to this

D.

WHEREAS, Defendant answered the First Amended Complaint on July 23,

E.

WHEREAS, Defendants contend that Plaintiff improperly named a non-

Court;

2013;

employing entity as an additional defendant in the action;
F.

WHEREAS, following confirmatory discovery, the parties have agreed to

permit Plaintiff to file a Second Amended Complaint (SAC) which dismisses defendant Campbell
Soup Company from the action and adds a claim for failure to pay wages due at separation pursuant
to Labor Code §§ 201-203. The proposed SAC (with redline changes from the FAC) is attached
hereto as Exhibit A.
THEREFORE, the parties do STIPULATE AND AGREE as follows;
1.

Plaintiff’s SAC shall be the operative complaint in this matter;

2.

Plaintiff’s SAC shall be deemed filed upon entry of the Order on this

Stipulation; and
3.

Defendant shall have thirty (30) days to respond to the SAC, to commence

upon entry of this Order.
IT IS SO STIPULATED:

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STIP. FOR CONTINUANCE OF CMC;
[PROPOSED] ORDER

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Case No.: 2:13-cv-01332-GEB-KJN

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Dated: October 2, 2013

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/s/ Alex P. Katofsky
ALEX P. KATOFSKY
GAINES & GAINES, APLC
Attorneys for Plaintiff DANNY McCRARY

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Dated: October 2, 2013

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/s/ Carrie E. Bushman
CARRIE E. BUSHMAN
COOK BROWN, LLP
Attorneys for Defendant
CAMPBELL SOUP SUPPLY COMPANY

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ORDER
Upon reading the forgoing Stipulation, and good cause appearing, therefore,
IT IS ORDERED THAT
1.

Plaintiff’s SAC shall be the operative complaint in this matter;

2.

Plaintiff’s SAC shall be deemed filed upon entry of the Order on this

Stipulation; and
3.

Defendant shall have thirty (30) days to respond to the SAC, to commence

upon entry of this Order.
SO ORDERED.
Dated: October 2, 2013

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STIP. FOR CONTINUANCE OF CMC;
[PROPOSED] ORDER

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Case No.: 2:13-cv-01332-GEB-KJN