Castillo v. ADT, LLC

Filing 30

STIPULATION AND ORDER signed by Senior Judge William B. Shubb on 9/29/15. The parties having submitted a Joint Stipulation to allow Plaintiff to file a First Amended Complaint, the Court orders the First Amended Complaint, attached as Exhibit 1 to the Notice of Lodging of [Proposed] First Amended Complaint, filed. (Becknal, R)

1

Linda Claxton (SBN 125729)
[e-mail]
2 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
400 South Hope Street, Suite 1200
3 Los Angeles, CA 90071
Telephone: [phone]
4 Facsimile: 213.239.9045
5
6
7
8
9
10
11

Christopher M. Ahearn (SBN 239089)
[e-mail]
Rachel J. Moroski (SBN 286805)
[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 ADT LLC

Alan Harris (SBN 146079)
[e-mail]
Priya Mohan (SBN 228984)
13 [e-mail]
HARRIS & RUBLE
14 655 North Central Avenue, 17th Floor
Glendale, California 91203
15 Telephone: [phone]
Facsimile: 323.962.3004
12

16

David S. Harris (SBN 215224)
NORTH BAY LAW GROUP
116 E. Blithedale Avenue, Suite #2
18 Mill Valley, California 92941-2024
Telephone: [phone]
19 Facsimile: 415.388.8770
17

20

Attorneys for Plaintiff RICARDO CASTILLO

21

UNITED STATES DISTRICT COURT

22

EASTERN DISTRICT OF CALIFORNIA

23

Case No. 2:15-cv-00383-WBS-DAD

25

STIPULATION TO FILING OF
FIRST AMENDED COMPLAINT;
[PROPOSED] ORDER

RICARDO CASTILLO, individually
and on behalf of all others similarly
24 situated,
26
27
28

Plaintiff,
v.
ADT LLC and DOES 1–100, inclusive,
Defendants.

[NOTICE OF LODGING [PROPOSED]
FIRST AMENDED COMPLAINT
concurrently filed]
Complaint Filed: February 17, 2015
Trial Date:
October 18, 2016

Case No. 2:15-cv-00383-WBS-DAD
STIPULATION RE: FILING OF FIRST AMENDED COMPLAINT

1

Plaintiff Ricardo Castillo (hereinafter, “Plaintiff”) and Defendant ADT LLC

2

(hereinafter, “Defendant”) (collectively, the “Parties”) hereby jointly stipulate as

3

follows:

4
5
6

WHEREAS, Plaintiff filed the original complaint in this action in the above
referenced Court on February 17, 2015;
WHEREAS, Plaintiff asserts that pursuant to California Labor Code section

7

2699.3(a)(1), on or about February 27, 2015, Plaintiff gave written notice by

8

certified mail to the California Labor and Workforce Development Agency

9

(“LWDA”) and Defendant of the specific provisions of the California Labor Code

10

alleged to have been violated by Defendant, including the facts and theories set forth

11

in the original Complaint, and requested permission to pursue civil penalties against

12

Defendant under the Labor Code Private Attorney Generals Act, California Labor

13

Code section 2698, et seq. (“LCPAGA”);

14
15
16

WHEREAS, Plaintiff asserts that more than thirty three days have passed
since Plaintiff gave notice to Defendant and the LWDA as described above;
WHEREAS, pursuant to section 2699.33 of the California Labor Code,

17

Plaintiff may amend the existing complaint to clarify that he is pursuing a cause of

18

action arising under the Labor Code Private Attorneys General Act;

19

WHEREAS, Defendant is willing to stipulate Plaintiff’s proposed amendment,

20

provided that such stipulation is without waiver or prejudice as to Defendant’s ability

21

to assert any affirmative defenses related to exhaustion of administrative remedies,

22

or ability to otherwise challenge Plaintiffs’ claims, including those pursuant to

23

LCPAGA, by any available means;

24
25

WHEREAS, Plaintiff agrees with the limitation on Defendant’s stipulation set
forth above;

26

NOW, THEREFORE, it is stipulated that:

27

1.

28

Plaintiff may file the First Amended Complaint (“FAC”) attached as

Exhibit 1 to the Notice of Lodging [Proposed] First Amended Complaint, which
1
Case No. 2:15-cv-00383-WBS-DAD
JOINT STIPULATION REGARDING CASE SCHEDULE

1

FAC asserts a claim under the California Labor Code Private Attorneys General Act

2

(“PAGA”), section 2698 et seq. of the California Labor Code. The proposed FAC

3

lodged herewith shall be deemed filed on the date the Court executes the

4

concurrently filed Proposed Order.
2.

5

By stipulating to this amendment, Defendant has not waived any

6

affirmative defenses, including related to exhaustion of administrative remedies, and

7

instead expressly reserves its right to challenge by any and all available procedural

8

means, the validity or sufficiency of each and every allegation contained in the FAC.

9

Respectfully submitted,

10

DATED: September 29, 2015

11
12

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

13
14

/s/ Christopher M. Ahearn
Linda Claxton
Christopher M. Ahearn
Rachel J. Moroski

Attorneys for Defendant
ADT LLC

15
16
17

DATED: September 29, 2015

18

By: /s/ Alan Harris
Alan Harris
Priya Mohan

19
20

HARRIS & RUBLE

DATED: September 29, 2015

NORTH BAY LAW GROUP

21

By: /s/ David S. Harris
David S. Harris

22
23

Attorneys for Plaintiff
RICARDO CASTILLO

24
25
26
27
28

///
///
///
///
2
Case No. 2:15-cv-00383-WBS-DAD
JOINT STIPULATION REGARDING CASE SCHEDULE

ORDER

1
2

The parties having submitted a Joint Stipulation to allow Plaintiff to file a First

3

Amended Complaint, the Court orders the First Amended Complaint, attached as

4

Exhibit 1 to the Notice of Lodging of [Proposed] First Amended Complaint, filed.

5
6

Dated: September 29, 2015

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Case No. 2:15-cv-00383-WBS-DAD
JOINT STIPULATION REGARDING CASE SCHEDULE