Mejia v. Farmland Mutual Insurance Company et al

Filing 8

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 5/25/17 ORDERING that Plaintiff's First, Second, and Third Causes of Action are DISMISSED, without prejudice, and with each side to bear their own fees and costs as to those clai ms. Plaintiff's request for leave to file her First Amended Complaint is GRANTED. Plaintiff's First Amended Complaint is deemed filed and served on Defendants, on the date of this Order. Defendants shall have 30 days from the date of entry of the Order hereon by the Court to file a responsive pleading. (Kastilahn, A)

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Galen T. Shimoda (Cal. State Bar No. 226752)
Justin P. Rodriguez (Cal. State Bar No. 278275)
Shimoda Law Corp.
9401 East Stockton Blvd., Suite 200
Elk Grove, CA 95624
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff SCARLETTE MEJIA
on behalf of herself and similarly situated employees

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SCARLETTE MEJIA, as an individual and on )
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behalf of all others similarly situated,
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Plaintiffs,
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vs.
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FARMLAND MUTUAL INSURANCE
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COMPANY, an Iowa corporation;
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FARMLAND MUTUAL INSURANCE CO, )
an unincorporated association; NATIONWIDE )
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MUTUAL INSURANCE COMPANY, an
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Ohio corporation; and DOES 1 to 100,
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inclusive,
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Defendants.

Case No. 2:17-cv-00570-TLN-KLN
CLASS ACTION
STIPULATION & ORDER TO FILE A
FIRST AMENDED COMPLAINT

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This Stipulation and proposed Order is entered into between Plaintiff SCARLETTE MEJIA

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(“Plaintiff”) and Defendants FARMLAND MUTUAL INSURANCE COMPANY, FARMLAND

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MUTUAL INSURANCE CO, and NATIONWIDE MUTUAL INSURANCE COMPANY (Hereinafter

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referred to as “Defendants”) (Plaintiff and Defendants all collectively, the “Parties”), by and through

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their counsel of record, as follows:

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STIP & ORDER TO FILE A FIRST AMENDED COMPLAINT

Case No.: 2:17-CV-00570

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WHEREAS Plaintiff initiated the above entitled action by filing a wage and hour putative class

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action Complaint in the Superior Court of California for the County of Sacramento on February 3, 2017,

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against Defendants;

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WHEREAS Plaintiff has submitted a notice to the Labor and Workforce Development Agency

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(“LWDA”) alleging claims under the Private Attorneys General Act (“PAGA”) on February 3, 2017 for

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failure to provide accurate wage statements;

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WHEREAS Defendants filed a notice of removal and removed this action to the United States
District Court for the Eastern District of California on March 16, 2017;
WHEREAS Plaintiff contends the LWDA has not responded regarding their intent to investigate

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the noticed claims and, therefore, Plaintiff contends that she is statutorily authorized to act as a Private

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Attorneys General on the noticed claims as of April 9, 2017;

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WHEREAS Federal Rule of Civil Procedure 15(a)(2) permits a party to amend its pleading with
the opposing party’s written consent;
WHEREAS California Labor Code section 2699.3(a)(2)(C) provides that a plaintiff may as a

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matter of right amend an existing complaint to add a cause of action arising under the PAGA at any time

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within 60 days of the time periods specified in the PAGA;

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WHEREAS the Parties have engaged in informal discovery regarding the applicability of ERISA

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to Plaintiff’s First, Second, and Third Causes of Action and Plaintiff has agreed to dismiss those claims,

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without prejudice, and with each side to bear their own fees and costs as to those claims;

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WHEREAS neither Plaintiff nor her counsel are receiving any type or form of compensation for
the dismissal of the claims without prejudice;
WHEREAS Defendants have agreed to permit Plaintiff to file a First Amended Complaint, a true
and correct copy of which is attached hereto as Exhibit A;
WHEREAS Defendants deny the allegations in the proposed First Amended Complaint and are
not making any admission of any kind whatsoever in agreeing to this stipulation;

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IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, subject to the
approval of the Court, as follows:

STIP & ORDER TO FILE A FIRST AMENDED COMPLAINT

Case No.: 2:17-CV-00570

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That Plaintiff’s First, Second, and Third Causes of Action are dismissed, without

prejudice, and with each side to bear their own fees and costs as to those claims;
2.

That the Court will enter an Order granting Plaintiff leave to file her First Amended

Complaint, attached hereto as Exhibit A;
3.

That upon the date of entry of the Order hereon by the Court, Plaintiff’s First Amended

Complaint shall be deemed filed and served; and
4.

That Defendant shall have thirty days from the date of entry of the Order hereon by the

Court to file a responsive pleading.

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LITTLER MENDELSON, P.C.

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DATED: May 22, 2017

By:

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/s/ Britney N. Torres
Barbara A. Blackburn
Britney N. Torres
(As authorized on 5/22/17)
Attorneys for Defendants

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SHIMODA LAW CORP.

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DATED: May 22, 2017

By:

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/s/ Justin P. Rodriguez
Galen T. Shimoda
Justin P. Rodriguez
Counsel for Plaintiff

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ORDER

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The COURT, having considered the above stipulation, HEREBY ORDERS that:
1. Plaintiff’s First, Second, and Third Causes of Action are dismissed, without prejudice,
and with each side to bear their own fees and costs as to those claims;
2. Plaintiff’s request for leave to file her First Amended Complaint, attached hereto as
Exhibit A, is GRANTED;

STIP & ORDER TO FILE A FIRST AMENDED COMPLAINT

Case No.: 2:17-CV-00570

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3. Plaintiff’s First Amended Complaint is deemed filed and served on Defendants, on the
date of this Order; and
4. Defendants shall have thirty days from the date of entry of the Order hereon by the Court
to file a responsive pleading.
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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Dated: May 25, 2017

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Troy L. Nunley
United States District Judge

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STIP & ORDER TO FILE A FIRST AMENDED COMPLAINT

Case No.: 2:17-CV-00570

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