Spradlin v. Kasco Corporation

Filing 19

STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 2/26/2014 ALLOWING Plaintiff Anthony Spradlin to file the proposed Second Amended Complaint. (Michel, G)

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Rory C. Quintana (SBN 258747)
Hallie B. Albert (SBN 258737)
QUINTANA ALBERT LLP
201 Spear Street, Suite 1100
San Francisco, CA 94105
Telephone: [phone]
Fax: [phone]
[e-mail]

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Attorney for Plaintiffs
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY SPRADLIN, an individual, and
GARY ALLEN, an individual

CASE NO.: 2:13-cv-02260-TLN-AC
STIPULATION FOR LEAVE OF COURT TO
FILE SECOND AMENDED COMPLAINT
AND ORDER

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Plaintiffs,
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v.
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KASCO CORPORATION a Delaware
corporation; and DOES 1 through 10,
inclusive,

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Defendants..
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STIPULATION
This Stipulation is made and entered into between Plaintiffs Anthony Spradlin and Gary

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Allen (herein “Plaintiffs”) and Defendant Kasco Corporation (herein “Defendant”), by and

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through their respective counsel, with reference to the following.

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1.

WHEREAS, on October 31, 2013, Plaintiff Spradlin filed his initial Complaint in

the above-referenced matter with this Court;
2.

WHEREAS, Plaintiffs filed a First Amended Complaint on December 31, 2013,

adding Plaintiff Allen to the above-referenced matter with this Court;
3.

WHEREAS, Plaintiffs’ co-worker David Samuelson, also represented by

Plaintiff’s counsel now wishes to pursue litigation against Defendant;
4.

WHEREAS, David Samuelson’s issues and claims are alleged to be identical to
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Case No. 2:13-cv-02260-TLN-AC

STIPULATION FOR LEAVE OF COURT TO
FILE SECOND AMENDED COMPLAINT AND
ORDER

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those plead by Plaintiffs Allen and Spradlin;
5.

WHEREAS, it is in the interest of judicial economy to litigate Plaintiffs and

Samuelson’s claims together, subject to Defendant’s right to request bifurcation;
6.

WHEREAS, pursuant to Labor Code section 2699.3, on January 14, 2014,

Plaintiffs notified Defendant and the Labor Workforce Development Agency (herein “LWDA”)
via certified mail of the specific provisions of the Private Attorney General Act (herein “PAGA”)
California Labor Code § 2698 et seq. alleged to have been violated by Defendant.
7.

WHEREAS, to date Plaintiffs have not been notified by the LWDA of its intent to

investigate the alleged violations.
8.

WHEREAS, pursuant to Labor Code section 2699.3 (a)(2)(C), Plaintiffs may, as a

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matter of right, amend their complaint to add a cause of action arising under the PAGA within
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sixty (60) days of the LWDA’s decision not to investigate or thirty-three (33) days from the
postmarked notice sent to the LWDA if there has been no response from the LWDA.
THEREFORE, IT IS HEREBY STIPULATED by and between the parties hereto,
through their respective attorneys of record that Plaintiff may file a Second Amended Complaint,
a copy of which is attached hereto.
IT IS FURTHER STIPULATED that Defendant waives notice and service of the Second

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Amended Complaint and shall have twenty-one (21) days from the filing the Second Amended

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Complaint to file a responsive pleading.

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Dated: February 25, 2014

QUINTANA ALBERT LLP

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By:___s/Rory C. Quintana_______________
Rory C. Quintana
Attorney for Plaintiff

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Case No. 2:13-cv-02260-TLN-AC

STIPULATION TO FILE SECOND AMENDED
COMPLAINT

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Dated: February 25, 2014

BEST BEST & KRIEGER LLP

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By: /s/ Laura Fowler_____
Laura Fowler
Attorney for Defendant

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Dated: February 25, 2014

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ICE MILLER LLP

By:___/s/ Paul Sinclair_____________
Paul Sinclair
Attorney for Defendant

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Case No. 2:13-cv-02260-TLN-AC

STIPULATION TO FILE SECOND AMENDED
COMPLAINT

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ORDER
The Court having considered the stipulation of the parties, and good cause appearing
therefore, orders as follows:
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Plaintiff Anthony Spradlin may file the proposed SECOND AMENDED

COMPLAINT attached to the stipulation above.
IT IS SO ORDERED.

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Dated: February 26, 2014

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Troy L. Nunley
United States District Judge

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Case No. 2:13-cv-02260-TLN-AC

STIPULATION TO FILE SECOND AMENDED
COMPLAINT