Duran v. People 2.0 North America LLC et al

Filing 15

STIPULATION and ORDER signed by District Judge John A. Mendez on 2/5/2018 ORDERING that Plaintiff may file a First Amended Complaint to add a Third Cause of Action under the Private Attorneys General Act of 2004, and that Defendant shall file a responsive pleading within 30 days from service of that First Amended Complaint. (Washington, S)

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MAYALL HURLEY P.C.
ROBERT J. WASSERMAN (SBN: 258538)
[e-mail]
WILLIAM J. GORHAM (SBN: 151773)
[e-mail]
NICHOLAS J. SCARDIGLI (SBN: 249947)
[e-mail]
JOHN P. BRISCOE (SBN: 273690)
[e-mail]
2453 Grand Canal Boulevard
Stockton, California 95207-8253
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff Desiree Duran and the Putative Class

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Case No.: 2:17-cv-02546-JAM-EFB

DESIREE DURAN, an individual,
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STIPULATION AND ORDER RE FILING OF
FIRST AMENDED COMPLAINT

Plaintiff,

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vs.

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PEOPLE 2.0 NORTH AMERICA LLC; and
DOES 1-100, inclusive,

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Defendants.

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STIPULATION

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IT IS HEREBY STIPULATED by and between the parties hereto as follows:
1.

On November 14, 2017, Plaintiff submitted a letter to the California Labor and

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Workforce Development Agency (“LWDA”), pursuant to the California Private Attorneys General

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Act of 2004 (“PAGA”, Cal. Lab. Code, § 2698, et seq.).

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2.

Pursuant to California Labor Code section 2699.3, subdivision (a)(2)(A), if the

LWDA does not provide notice within 65 days (no later than January 18, 2018) that it intends to

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Stipulation and Order Re Filing of First Amended Complaint
Page 1 of 3

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investigate the alleged Labor Code violations, Plaintiff may commence a civil action to seek civil

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penalties on her behalf and behalf of other aggrieved employees, current and former, pursuant to

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the PAGA. Cal. Lab. Code, § 2699.3, subd. (a)(2)(A).

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3.

violations alleged by Plaintiff.

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4.

The parties hereby stipulate that Plaintiff may file a First Amended Complaint,

adding a Third Cause of Action pursuant to the PAGA.

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To date, the LWDA has not provided notice that it intends to investigate the

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The parties further stipulate that Defendant shall have 30 days from service of the

First Amended Complaint to file a responsive pleading thereto.

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6.

This stipulation is entered into in furtherance of judicial economy, and is not for the

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purpose of delay.

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///

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DATED: February 5, 2018

MAYALL HURLEY P.C.

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By

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DATED: February 5, 2018

/s/ John P. Briscoe
ROBERT J. WASSERMAN
WILLIAM J. GORHAM, III
NICHOLAS J. SCARDIGLI
JOHN P. BRISCOE
Attorneys for Plaintiff and the Putative Class
LITTLER MENDELSON, P.C.

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By _________/s/ Laura E. Hayward_________________
R. BRIAN DIXON
LAURA E. HAYWARD
Attorneys for Defendant

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Stipulation and Order Re Filing of First Amended Complaint
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ORDER
Having reviewed the terms of the parties’ above stipulation, and for good cause showing, IT

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IS HEREBY ORDERED that Plaintiff may file a First Amended Complaint to add a Third Cause

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of Action under the Private Attorneys General Act of 2004 (“PAGA”), and that Defendant shall file

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a responsive pleading within 30 days from service of that First Amended Complaint.

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IT IS SO ORDERED.

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DATED: 2/5/2018

/s/ John A. Mendez________________________
UNITED STATES DISTRICT COURT JUDGE

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Stipulation and Order Re Filing of First Amended Complaint
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