Emerton v. Clean Harbors, Inc.

Filing 24

STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 9/30/2015 DIRECTING the plaintiff to file a Second Amended Complaint within seven (7) days. (Michel, G.)

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DAVID YEREMIAN & ASSOCIATES, INC.
David H. Yeremian (SBN 226337)
[e-mail]
Michele Jackson (SBN 209841)
[e-mail]
535 North Brand Boulevard, Suite 705
Glendale, California 91436
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff LAURA EMERTON

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Sarah R. Nichols, CA Bar No. 233099
[e-mail]
Victoria L. Tallman, CA Bar No. 273252
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415.442.4870
Attorneys for Defendant CLEAN HARBORS
INDUSTRIAL SERVICES, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAURA EMERTON, an individual,

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Plaintiff,
v.
CLEAN HARBORS, INC., a
California Corporation; and DOES 1
through 50, inclusive,
Defendant.

Case No.: 2:14-cv-02658-TLN-DAD
STIPULATION AND ORDER TO
PERMIT PLAINTIFF TO AMEND
FIRST AMENDED COMPLAINT TO
ADD CLEAN HARBORS
INDUSTRIAL SERVICES, INC. AS A
DEFENDANT
Trial Date: October 3, 2016

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First Amended Complaint Filed:

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March 9, 2015

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-1STIPULATION AND ORDER TO PERMIT PLAINTIFF TO AMEND FIRST AMENDED COMPLAINT TO
ADD CLEAN HARBORS INDUSTRIAL SERVICE, INC. AS A DEFENDANT

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Plaintiff Laura Emerton (“Plaintiff”) and Defendant Clean Harbors Industrial

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Services, Inc. (“Defendant”), by and through their undersigned attorneys, hereby

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stipulate as follows:
STIPULATION

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A.

WHEREAS, Plaintiff originally named Clean Harbors, Inc. as the

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defendant in this action, filed in Solano County Superior Court on October 3, 2014,

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Case No. FCS044304;

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B.

WHEREAS, counsel for Defendant promptly informed counsel for

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Plaintiff that the appropriate entity in this action is not Clean Harbors, Inc., but

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rather is Clean Harbors Industrial Services, Inc. and timely filed an Answer on

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behalf of Clean Harbors Industrial Services, Inc. in Solano County Superior Court

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on November 12, 2014, identifying that Defendant was “erroneously sued as Clean

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Harbors, Inc.”;

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C.

WHEREAS, Defendant timely removed the matter to the U.S. District

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Court for the Northern District of California on November 13, 2014, based on

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diversity jurisdiction;

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D.

WHEREAS, Plaintiff filed a First Amended Complaint (hereinafter

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“FAC”), which is the operative pleading in this action, on March 9, 2015, again

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naming only Clean Harbors, Inc. as a defendant;

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E.

WHEREAS, Defendant Clean Harbors Industrial Services, Inc.

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answered the FAC on March 26, 2015, and again indicated that Defendant was

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incorrectly sued as Clean Harbors, Inc.;

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F.

WHEREAS, Plaintiff’s counsel represented that she would substitute

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in Clean Harbors Industrial Services, Inc., if Defendant provided Plaintiff’s counsel

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with a declaration establishing Clean Harbors Industrial Services, Inc. as the

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Plaintiff’s employer;

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-2STIPULATION AND ORDER TO PERMIT PLAINTIFF TO AMEND FIRST AMENDED COMPLAINT TO
ADD CLEAN HARBORS INDUSTRIAL SERVICE, INC. AS A DEFENDANT

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G.

WHEREAS on June 11, 2015, Defendant provided a declaration from

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Robert Edwards, the U.S. Payroll Manager for Clean Harbors Environmental

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Services, Inc. establishing that Clean Harbors Industrial Services, Inc. is Plaintiff’s

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former employer during the relevant timeframe and therefore the correct defendant

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in this action;

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H.

WHEREAS, Plaintiff now seeks to make an amendment to the FAC to

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add Clean Harbors Industrial Services, Inc. as a defendant in this action, pursuant to

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the information provided by Robert Edwards;

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I.

WHEREAS, Plaintiff believes that the documents produced by Clean

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Harbors Industrial Services, Inc. indicate that Clean Harbors, Inc. was also an

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employer of the Plaintiff and controlled and maintained the policies and procedures

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giving rise to the claims and contributed to the wrongful conduct alleged by

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Plaintiff in the FAC -- which assertions Defendant denies in their entirety --

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Plaintiff does not wish to remove Clean Harbors, Inc. as a defendant in this action,

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but wishes to proceed against both Clean Harbors, Inc. and Clean Harbors

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Industrial Services, Inc.

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IT IS HEREBY STIPULATED:

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1. Plaintiff may amend her Complaint to add Clean Harbors Industrial

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Services, Inc. as a Defendant in this action.
2. Plaintiff is directed to file the amended complaint within seven (7)
days of the entry of this order.
DATED: September 30, 2015

DAVID YEREMIAN & ASSOCIATES,
INC.
By /s/Michele Jackson
David Yeremian
Michele L. Jackson
Attorneys for Plaintiff
LAURA EMERTON

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-3STIPULATION AND ORDER TO PERMIT PLAINTIFF TO AMEND FIRST AMENDED COMPLAINT TO
ADD CLEAN HARBORS INDUSTRIAL SERVICE, INC. AS A DEFENDANT

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DATED: September 30, 2015

OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By:
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/s/Victoria L. Tallman
Sarah R. Nichols
Victoria L. Tallman
Attorneys for Defendant
CLEAN HARBORS INDUSTRIAL
SERVICES, INC. (erroneously sued as Clean
Harbors, Inc.)

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-4STIPULATION AND ORDER TO PERMIT PLAINTIFF TO AMEND FIRST AMENDED COMPLAINT TO
ADD CLEAN HARBORS INDUSTRIAL SERVICE, INC. AS A DEFENDANT

ORDER

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The Court having reviewed the foregoing Stipulation, and good cause
appearing therefore:

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IT IS HEREBY ORDERED that Plaintiff, LAURA EMERTON is granted

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leave to amend her Complaint to add Defendant Clean Harbors Industrial Services, Inc.

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as a defendant in this action. Plaintiff is directed to file the amended complaint

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within seven (7) days of the entry of this order.

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IT IS SO ORDERED.

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Dated: September 30, 2015
Troy L. Nunley
United States District Judge

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-5STIPULATION AND ORDER TO PERMIT PLAINTIFF TO AMEND FIRST AMENDED COMPLAINT TO
ADD CLEAN HARBORS INDUSTRIAL SERVICE, INC. AS A DEFENDANT