Mar v. Genuine Parts Company et al

Filing 26

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 03/29/16 ORDERING that plaintiff is GRANTED LEAVE to file a First Amended Complaint, and defendant's deadline to answer the First Amended Complaint is due 30 days after the date of the Court's ruling on the parties' anticipated request for settlement approval. (Benson, A)

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BRYAN SCHWARTZ LAW
Bryan J. Schwartz (SBN 209903)
Email: [e-mail]
Yi-Fan C. Everett (SBN 301815)
Email: [e-mail]
1330 Broadway, Suite 1630
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Individual and Representative
Plaintiff and the Collective Class

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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Sean Mar, individually, on behalf of others
similarly situated, and on behalf of the general
public,

Case No.: 2:15-cv-01405-MCE-AC
Judge: Hon. Morrison C. England, Jr.

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Plaintiff,

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vs.

STIPULATION FOR LEAVE FOR
PLAINTIFF TO FILE FIRST AMENDED
COMPLAINT AND ORDER THEREON

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Genuine Parts Company, NAPA AUTO PARTS, Complaint Filed: July 1, 2015
and DOES 1-10, inclusive

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Defendants.

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Subsequent to the filing of this lawsuit and for settlement purposes only, Plaintiff,

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on behalf of himself and all other similarly situated individuals, asserts an additional

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cause of action, civil penalties pursuant to Labor Code Private Attorneys General Act of

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2004 (PAGA) (Cal. Labor Code § 2698, et seq.), and an additional cause of action for

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waiting time penalties (Cal. Labor Code § 203). Moreover, for settlement purposes only,

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Plaintiff has agreed to eliminate his California class claims because of Defendant

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STIPULATION FOR LEAVE FOR PLAINITFF TO FILE FIRST AMENDED COMPLAINT
AND ORDER THEREON (CASE NO.: 2:15-cv-01405-MCE-AC)

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Genuine Parts Company d/b/a NAPA Auto Parts’ (hereinafter “Defendant”) challenge

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based upon the numerosity requirement of Rule 23.

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Therefore, Plaintiff, on behalf of himself and all other similarly situated individuals,

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and Defendant, by and through their attorneys of record, hereby stipulate and agree that

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the Court should grant Plaintiff leave to file the attached First Amended Complaint in this

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lawsuit (attached hereto as Exhibit 1) and the First Amended Complaint shall be deemed

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served and filed on the date this Stipulation and Order is filed.

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The parties further agree that the Defendant’s deadline to answer the Complaint
be continued to a date 30 days after the date of the Court’s ruling on the parties’
anticipated soon-to-be-filed request for settlement approval.
By this stipulation, Defendant does not admit liability or otherwise waive its right to

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challenge the content of the First Amended Complaint. Moreover, to the extent that the

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Court does not approve the settlement of this lawsuit, then this stipulated Amended

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Complaint will be withdrawn.

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DATED: March 21, 2016

BRYAN SCHWARTZ LAW
By:_s/Bryan Schwartz_________
Bryan Schwartz
Yi-Fan C. Everett

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Attorneys for Plaintiff and the Putative Class

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Dated: March 21, 2016

MARTENSON, HASBROUCK & SIMON LLP
By:_s/Lisa Szafranic________
Patricia Elizabeth Simon
Lisa M. Szafranic

Attorneys for Defendant

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STIPULATION FOR LEAVE FOR PLAINITFF TO FILE FIRST AMENDED COMPLAINT
AND ORDER THEREON (CASE NO.: 2:15-cv-01405-MCE-AC)

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ORDER
For good cause shown and based upon the stipulation of the parties, the Court
hereby orders that Plaintiff is granted leave to file a First Amended Complaint, and
Defendant’s deadline to answer the First Amended Complaint does not become due until
30 days after the date of the Court’s ruling on the parties’ anticipated request for
settlement approval.
IT IS SO ORDERED.
Dated: March 29, 2016

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STIPULATION FOR LEAVE FOR PLAINITFF TO FILE FIRST AMENDED COMPLAINT
AND ORDER THEREON (CASE NO.: 2:15-cv-01405-MCE-AC)