Hoover v. MOM365,Inc.

Filing 6

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 8/31/17: Plaintiff's request for leave to file her First Amended Complaint is GRANTED. Plaintiff shall have 21 days to file and serve the First Amended Complaint. Defendant shall have thirty (30) days from the date of service of the First Amended Complaint to file a responsive pleading. (Kaminski, H)

4

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]

5

Attorneys for Plaintiff KELLY HOOVER

1
2
3

6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

KELLY HOOVER,
Plaintiff,

12
13
14

vs.

15

MOM365, INC. a Missouri Corporation;
and DOES 1 to 100, inclusive,

16

Defendants.

17
18
19
20
21
22

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 2:17-cv-01328-TLN-CKD
STIPULATION & ORDER TO FILE A
FIRST AMENDED COMPLAINT

23
24

This Stipulation and Proposed Order is entered into between Plaintiff KELLY HOOVER

25

(“Plaintiff”) and Defendant MOM365, INC. (“Defendant”) (Plaintiff and Defendant all collectively,

26

the “Parties”), by and through their counsel of record, as follows:

27
28

STIPULATION AND ORDER TO FILE FAC

Case No. 2:17-cv-01328-TLN-CKD

1

1

WHEREAS, Plaintiff initiated the above entitled action by filing a Complaint in this Court

2

on May 19, 2017, against Defendant regarding Plaintiff’s individual wage and hour claims and

3

discrimination claims;

4

WHEREAS, Plaintiff submitted a letter notice of intent to bring claims under the Private

5

Attorneys General Act (“PAGA”) to the Labor and Workforce Development Agency (“LWDA”) on

6

May 17, 2017 via online filing and sent a copy of said notice to Defendant via certified mail on the

7

same day (hereinafter referred to as “PAGA Notice Letter”);

8
9
10
11
12
13

WHEREAS, on June 19, 2017, Defendant timely served a “cure letter” to Plaintiff and the
LWDA pursuant to California Labor Code Section 2699.3(c) in a good faith attempt to cure the
unpaid sick leave claim asserted in Plaintiff’s PAGA Notice Letter;
WHEREAS, Plaintiff submitted a response to Defendant’s cure letter via on-line filing on
July 3, 2017 to contest Defendant’s cure letter;
WHEREAS, more than 65 days have passed since Plaintiff has submitted the notice to the

14

LWDA and the LWDA has not provided any response to PAGA Notice Letter, nor has the LWDA

15

provided a response to Defendant’s cure letter;

16
17
18

WHEREAS, Plaintiff contends that, after further investigation, Plaintiff has recently
discovered claims that she intends to pursue on a class wide basis;
WHEREAS Defendant has agreed to permit Plaintiff to file a First Amended Complaint to

19

include claims under the PAGA as well as class allegations, a true and correct copy of which is

20

attached hereto as Exhibit A;

21

WHEREAS, Defendant denies the allegations in the proposed First Amended Complaint and

22

is not making any admission of any kind whatsoever in agreeing to this stipulation. Further,

23

notwithstanding this stipulation, Defendant reserves the right to attack the pleadings, the applicable

24

statute of limitations on Plaintiff’s newly added claims, and/or the merits of Plaintiff’s newly added

25

putative class and PAGA claims based on, for example, Defendant’s cure letter, among other

26

defenses available;

27
28

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

STIPULATION AND ORDER TO FILE FAC

Case No. 2:17-cv-01328-TLN-CKD

2

1
2
3
4
5
6

1.

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

Complaint, attached hereto as Exhibit A;
2.

That upon the date of entry of the Order hereon by the Court, Plaintiff shall have 21

days to file and serve the First Amended Complaint; and
3.

That Defendant shall have thirty (30) days from the date of service of the First

Amended Complaint to file a responsive pleading.

7
8

Respectfully submitted,

9

FORD & HARRISON LLP

10
11

DATED: August 31, 2017

By:

12
13

/s/ Alexandria M. Witte
Alexandria M. Witte
(As authorized 8/29/17
Michelle B. Abidoye
Attorneys for Defendant MOM365, INC.

14
15
SHIMODA LAW CORP.

16
17
18
19

DATED: August 31, 2017

By:

/s/ Justin P. Rodriguez
Galen T. Shimoda
Justin P. Rodriguez
Attorneys for Plaintiff KELLY HOOVER

20
21
22
23
24
25
26
27
28

STIPULATION AND ORDER TO FILE FAC

Case No. 2:17-cv-01328-TLN-CKD

3

ORDER

1
2

The COURT, having considered the above stipulation, HEREBY ORDERS that:

3

1. Plaintiff’s request for leave to file her First Amended Complaint is GRANTED;

4

2. Plaintiff shall have 21 days to file and serve the First Amended Complaint; and

5

3. Defendant shall have thirty (30) days from the date of service of the First Amended

6
7

Complaint to file a responsive pleading.
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

8
9
10

Dated: August 31, 2017

11
12
13

Troy L. Nunley
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

STIPULATION AND ORDER TO FILE FAC

Case No. 2:17-cv-01328-TLN-CKD

4