Terras et al v. Trinity River Lumber Company

Filing 16

ORDER signed by Chief Judge Morrison C. England, Jr. on 2/11/2015 ORDERING 13 Plaintiffs have leave to file a First Amended Complaint not later than 2/18/2015; Defendant's 8 Motion to Dismiss, Motion for a More Definite Statement and Motion to Strike is hereby WITHDRAWN and the hearing date of 2/19/2015 is VACATED. (Reader, L)

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JOSE R. GARAY, ESQ., SBN 200494
[e-mail]
JOSE GARAY, APLC
9861 Irvine Center Drive
Irvine, CA 92618
T: [phone]
F: [phone]
Attorneys for Plaintiffs, JOSEPH TERRAS AND BOBBY TYLER
on behalf of themselves and all others similarly situated
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION
Case No.: 2:14-CV-02277-MCE-CMK
JOSEPH TERRAS, and BOBBY
TYLER, as individual California
residents, on behalf of themselves and
STIPULATION AND ORDER FOR
all others similarly situated,
PLAINTIFFS TO FILE THEIR
FIRST AMENDED COMPLAINT
Plaintiffs,
[Fed. R. Civ. P. 15; E.D. Cal. Local R.
137, 143 and 220]

vs.
TRINITY RIVER LUMBER
COMPANY, a California corporation;
and DOES 1 through 100, inclusive,

Hon. Morrison C. England, Jr.
Date Filed: September 30, 2014
Trial Date: NONE SET

Defendant.

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STIPULATION AND ORDER FOR PLAINTIFFS TO FILE THEIR FIRST AMENDED COMPLAINT

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WHEREAS, On September 30, 2014, Plaintiffs JOSEPH TERRAS, and

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BOBBY TYLER (collectively “Plaintiffs”), as individual California residents, on

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behalf of themselves and all others similarly situated, filed a Complaint asserting a

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hybrid putative class and collective action against Defendant TRINITY RIVER

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LUMBER COMPANY (“Defendant”), a California corporation.

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WHEREAS, On December 15, 2014, Defendant filed its Motion to Dismiss,

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For A More Definite Statement and to Strike the Complaint (“Motion”), that is

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presently set for hearing on February 19, 2015.

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WHEREAS, although Plaintiffs and Defendants (“Parties”) have been

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working together in a good faith attempt to resolve the issues raised by

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Defendant’s Motion and Plaintiffs have prepared a draft of their First Amended

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Complaint, Defendant contends that the First Amended Complaint still has many

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of the fatal deficiencies raised in its Motion, including the failure to allege facts

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required for Plaintiffs’ claims and allegations. The Parties are still working

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towards resolving those disputed issues prior to the filing of the First Amended

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Complaint.

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WHEREAS, the Parties agree that the First Amended Complaint will be

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filed before the February 19, 2015 hearing date, and that Defendant shall have the

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right to file a response to the First Amended Complaint to raise any deficiencies it

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claims may still exist as to the First Amended Complaint and any subsequent

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amended pleading.

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THEREFORE, pursuant to the Federal Rules of Civil Procedure Rule 15 and

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Civil Local Rules 220, 143 and 137, Plaintiffs and Defendant, through their

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undersigned counsel, hereby stipulate and agree to the following:

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1.

Plaintiffs shall file their First Amended Complaint prior to February

19, 2015. A draft of the First Amended Complaint to be filed is attached hereto as

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STIPULATION AND ORDER FOR PLAINTIFFS TO FILE THEIR FIRST AMENDED COMPLAINT

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Exhibit A, and is subject to further modification based upon the discussions of the

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Parties to resolve their disputes regarding the First Amended Complaint. ;
2.

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The Parties agree that Plaintiffs have the right, subject to approval of

the Court, to file a Second Amended Complaint, if necessary; and
3.

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Defendant agrees to withdraw its Motion to Dismiss, for a More

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Definite Statement and to Strike Plaintiffs’ Complaint that is presently set for

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hearing on February 19, 2015, provided that Plaintiffs file their First Amended

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Complaint prior to that hearing date. Defendant retains the right to file a response,

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including another appropriate motion, to the First Amended Complaint, or to the

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Second Amended Complaint if one is filed. Defendant shall have 14 days after

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service of the First Amended Complaint (or service of a Second amended

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Complaint if one is filed) to file its response and/or another motion thereto.

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AGREED TO BY:

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DATED: February 4, 2015

JOSE GARAY, APLC

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By:

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_________________s/s______________________
JOSE GARAY, Attorney for Plaintiffs JOSEPH
TERRAS and BOBBY TYLER

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DATED: February 4,, 2015

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By:

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GURNEE MASON & FORESTIERE LLP
__________________s/s_____________________
Steven H. Gurnee
Nicholas P. Forestiere
Attorneys for Defendant
Trinity River Lumber Company

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///

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STIPULATION AND ORDER FOR PLAINTIFFS TO FILE THEIR FIRST AMENDED COMPLAINT

ORDER

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In accordance with the foregoing stipulation, and good cause appearing,
Plaintiffs have leave to file a First Amended Complaint not later than February 18,

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2015. In the meantime, Defendant’s Motion to Dismiss, Motion for a More

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Definite Statement and Motion to Strike (ECF No. 8) is hereby withdrawn and the

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hearing date of February 19, 2015 is vacated.
IT IS SO ORDERED.
Dated: February 11, 2015

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STIPULATION AND ORDER FOR PLAINTIFFS TO FILE THEIR FIRST AMENDED COMPLAINT