Bui v. Sprint Corporation, et al

Filing 45

ORDER signed by District Judge Troy L. Nunley on 5/22/15 GRANTING leave to file a second amended complaint. Plaintiff my file a second amended complaint in the form attached as Exhibit 1 to the parties' joint stipulation; defendants shall not be required to file a response. (Manzer, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VIET BUI and CHRISTINA AVALOSREYES, individually and on behalf of all
other similarly situated employees, and on
behalf of the general public,
Plaintiffs,

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Case No. 2:14-CV-02461-TLN-AC
CLASS ACTION
ORDER GRANTING LEAVE TO FILE
SECOND AMENDED COMPLAINT

vs.
[Fed. R. Civ. P. 15(a)]
SPRINT CORPORATION, a SPRINT
COMMUNICATIONS COMPANY, L.P., a
Delaware Corporation; SPRINT/UNITED
MANAGEMENT CO., a Delaware
Corporation; and DOES 1 through 20,
inclusive,

Hon. Troy L. Nunley
Courtroom 2, 15th Floor
Compl. Filed: July 10, 2014
First Am. Compl. Filed: September 9, 2014

Defendants.

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-1Order Granting Leave to File Second Amended Complaint

ORDER

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Having read and considered the Joint Stipulation to File Second Amended Complaint entered

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into and submitted by Plaintiff Viet Bui (“Plaintiff”) and Defendants Sprint/United Management

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Company and Sprint Communications Company L.P. (“Defendants”) (collectively “the Parties”) on

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May 18, 2015, and finding good cause therefor, the Court HEREBY ORDERS that:
1.

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Plaintiff may file a Second Amended Complaint in the form attached as Exhibit 1 to

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the Parties’ Joint Stipulation to allege claims against Defendants for the failure to reimburse the Class

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Members for necessary business expenses as required by California Labor Code Section 2802 and the

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failure to properly compensate Class Members for overtime hours due to miscalculations of the Class

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Members’ regular rate of pay, and to add Christina Avalos-Reyes as an additional named Plaintiff and

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class representative.
2.

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Defendants shall not be required to file a responsive pleading to the Second Amended

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Complaint. Immediately upon this Order entering the Second Amended Complaint, the allegations

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contained therein shall be deemed denied by Defendants and subject to all defenses asserted in

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Defendants’ Answer to Plaintiff’s First Amended Complaint.
3.

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The Second Amended Complaint shall be deemed served on Defendants on the date the

Second Amended Complaint is electronically filed with the Court.
4.

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Pursuant to the Parties’ Joint Stipulation and Settlement Agreement, if the Court

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declines to grant final approval of the Parties’ settlement or if an appellate court invalidates the

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Parties’ settlement, the Second Amended Complaint shall be rendered null and void and the First

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Amended Complaint shall be deemed the operative Complaint in this Action. In such event, neither

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the fact that Defendants did not oppose the filing of the Second Amended Complaint, the terms of the

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Parties’ Stipulation, nor the allegations in the Second Amended Complaint shall be used or cited

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thereafter by any person or entity in any manner whatsoever, including, without limitation, any

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contested proceeding relating to the certification of any class contemplated by the Second Amended

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Complaint.

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-2Order Granting Leave to File Second Amended Complaint

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5.

Nothing in the Parties’ Stipulation or the Second Amended Complaint shall be deemed

an admission by Defendants.
IT IS SO ORDERED.

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Dated: May 22, 2015

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Troy L. Nunley
United States District Judge

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-3Order Granting Leave to File Second Amended Complaint