Terras et al v. Trinity River Lumber Company

Filing 31

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 5/26/15. Plaintiffs are granted leave to file a second amended complaint. Upon the filing of the second amended complaint, Defendant's motion to dismiss is dropped without prejudice. Defendants shall have 14 days to file a response to the second amended complaint. The 5/28/15 Show Cause hearing is vacated. (Manzer, C)

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(COUNSEL LISTED ON THE FOLLOWING PAGE)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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JOSEPH TERRAS, and BOBBY
TYLER, as individual California
residents, on behalf of themselves and
all others similarly situated,

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Plaintiffs,

Case No.: 2:14-cv-02277-MCE-CMK
JOINT STIPULATION AND ORDER
FOR PLAINTIFFS TO FILE THEIR
SECOND AMENDED COMPLAINT
[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,
Defendant.

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

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JOINT STIPULATION AND ORDER FOR PLAINTIFFS TO
FILE A SECOND AMENDED COMPLAINT

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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]

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Attorneys for Plaintiffs

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Steven H. Gurnee, Bar No. 66056
Nicholas P. Forestiere, Bar No. 125118
GURNEE MASON & FORESTIERE LLP
2240 Douglas Boulevard, Suite 150
Roseville, California 95661
Telephone [phone]
Facsimile [phone]
Wayne H. Marie, Bar No. 88850
Patrick L Deedon, Bar No. 245490
MARIE BURGESS & DEEDON
P.O. Drawer 994607
Redding, CA 96099
Attorneys for Defendant
Trinity River Lumber Company

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JOINT STIPULATION AND ORDER FOR PLAINTIFFS TO
FILE A SECOND 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,
For A More Definite Statement and to Strike the Complaint.
WHEREAS, on February 5, 2015, Plaintiffs and Defendant (the “Parties”)
filed A Stipulation and Order for Plaintiffs To File Their First Amended
Complaint.
WHEREAS, on February 11, 2015, Plaintiffs filed their First Amended
Complaint.
WHEREAS, on February 23, 2015, Defendant filed its Motion to Dismiss,
For A More Definite Statement and to Strike the First Amended Complaint.
WHEREAS, on March 16, 2015 Plaintiffs files a Second Amended

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Complaint without leave of court instead of opposing Defendant’s Motion to

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Dismiss the First Amended Complaint.

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WHEREAS, on March 27, 2015 the Court issued a minute order striking

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Plaintiffs’ Second Amended Complaint. Plaintiffs’ First Amended Complaint is

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currently the operative complaint.

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WHEREAS, although the Parties have been working together in a good faith

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attempt to resolve the issues raised by Defendant’s Motions and Plaintiffs have

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prepared a draft of their Second Amended Complaint, Defendant contends that the

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Second Amended Complaint still has many of the fatal deficiencies raised in its

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Motion to Dismiss the First Amended Complaint, including the failure to allege

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facts 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 Second Amended

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Complaint.
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JOINT STIPULATION AND ORDER FOR PLAINTIFFS TO
FILE A SECOND AMENDED COMPLAINT

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

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promptly filed, and that Defendant shall have the right to file a response to the

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Second Amended Complaint to raise any deficiencies it claims may still exist as to

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the Second Amended Complaint and any subsequent amended pleading.
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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Plaintiffs shall promptly file their Second Amended Complaint The

Second Amended Complaint to be filed is attached hereto as Exhibit A; and
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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’ First Amended Complaint, provided

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that Plaintiffs promptly file their Second Amended Complaint. Defendant retains

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the right to file a response, including another appropriate motion, to the Second

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Amended Complaint. Defendant shall have 14 days after service of the Second

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Amended Complaint to file its response and/or another motion thereto.

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JOINT STIPULATION AND ORDER FOR PLAINTIFFS TO
FILE A SECOND AMENDED COMPLAINT

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AGREED TO BY:

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DATED: May 19, 2015

JOSE GARAY, APLC

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By:

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____________/s/___________________________
JOSE GARAY, Attorney for Plaintiffs JOSEPH
TERRAS and BOBBY TYLER

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DATED: May 15, 2015

GURNEE MASON & FORESTIERE LLP

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By:

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___________/s/____________________________
Steven H. Gurnee
Nicholas P. Forestiere
Attorneys for Defendant
Trinity River Lumber Company

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JOINT STIPULATION AND ORDER FOR PLAINTIFFS TO
FILE A SECOND AMENDED COMPLAINT

ORDER

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In accordance with the foregoing stipulation, and good cause appearing,

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Plaintiffs have leave to promptly file a Second Amended Complaint. Upon the

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filing of the Second Amended Complaint, Defendant’s Motion to Dismiss, Motion

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for a More Definite Statement and Motion to Strike Plaintiffs’ First Amended

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Complaint (ECF No. 23) is dropped without prejudice to Defendant’s filing such a

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motion to the Second Amended Complaint. Defendants shall have 14 days after

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being served with the Second Amended Complaint to file its response to the

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Second Amended Complaint.

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Given this stipulation and order, the order to show cause hearing scheduled

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for May 28, 2015 by Minute Order issued May 6, 2015 (ECF No. 26) is hereby

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vacated.

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IT IS SO ORDERED.
Dated: May 26, 2015

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JOINT STIPULATION AND ORDER FOR PLAINTIFFS TO
FILE A SECOND AMENDED COMPLAINT