Osegueda v. Northern California Inalliance

Filing 12

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 3/1/2019 GRANTING Plaintiff leave to file, within 10 days of the date of this Order, a First Amended Complaint in the form attached hereto as Exhibit 1. (York, M)

GRAHAMHOLLIS APC
3555 FIFTH AVENUE SUITE 200
SAN DIEGO, CALIFORNIA 92103

1 Graham S.P. Hollis (SBN 120577)
[e-mail]
2 Vilmarie Cordero (SBN 268860)
[e-mail]
3 Nicole R. Roysdon (SBN 262237)
[e-mail]
4 GRAHAMHOLLIS APC
3555 Fifth Avenue, Suite 200
5 San Diego, California 92103
Telephone: [phone]
6 Facsimile: 619.692.0822
7 Attorneys for Plaintiff Joseph Osegueda
and Aggrieved Employees
8
Law Offices of
9 MATHENY SEARS LINKERT & JAIME, LLP
Matthew C. Jaime (SBN 140340)
10 Robert W. Sweetin (SBN 297130)
3638 American River Drive
11 Sacramento, CA 95864
Tel: [phone]
12 Fax: [phone]
13 Attorneys for Defendant Northern
California InAlliance
14
15

UNITED STATES DISTRICT COURT

16

EASTERN DISTRICT OF CALIFORNIA

17 JOSEPH OSEGUEDA, individually
18 and on behalf of all similarly
situated and/or aggrieved
19 employees of Defendants in the
State of California,
20
Plaintiff,
21
v.
22
NORTHERN CALIFORNIA INALLIANCE;
23 and DOES 1 THROUGH 50,
inclusive,
24
25

Case No.:

2:18-cv-00835-WBS-EFB

JOINT STIPULATION AND [PROPOSED]
ORDER PERMITTING FILING OF FIRST
AMENDED COMPLAINT

Action Filed: February 22, 2018
Case Removed: April 6, 2018
Trial Date: None set

Defendants.

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1
JOINT STIPULATION AND [PROPOSED] ORDER PERMITTING FILING OF
FIRST AMENDED COMPLAINT

1 TO THE COURT:
2

By and through their respective counsel of record, Plaintiff

3 Joseph

Osegueda

(“Plaintiff”)

and

Defendant

Northern

California

4 InAlliance (“Defendant”) (collectively, “the Parties”) hereby jointly
5 agree and stipulate to the following, and request that the Court make
6 the following Order:
7

WHEREAS, on February 22, 2018, Plaintiff, on behalf of himself

8 and

others

9 class

purportedly

action,

PAGA

similarly

situated,

representative

filed

action,

and

this

individual,

collective

action

GRAHAMHOLLIS APC
3555 FIFTH AVENUE SUITE 200
SAN DIEGO, CALIFORNIA 92103

10 against Defendant, alleging the following eleven causes of action:
11 (1) failure to provide meal periods; (2) failure to provide rest
12 periods; (3) failure to pay minimum and regular wages; (4) failure to
13 pay all overtime wages; (5) failure to provide required sick leave;
14 (6) failure to indemnify necessary business expenses; (7) failure to
15 provide accurate itemized wage statements and written notice of sick
16 leave; (8) failure to timely pay all wages due upon separation of
17 employment;

(9)

violation

of

Business

&

Professions

Code

section

18 17200, et seq.; (10) violation of the Private Attorneys General Act;
19 and (11) violation of the Fair Labor Standards Act;
20

WHEREAS,

Plaintiff

wishes

to

amend

the

Complaint

to

dismiss

21 without prejudice the first, second, and fifth causes of action and
22 allegations in support thereof;
23

WHEREAS,

Defendant

24 Amended Complaint

has

reviewed

Plaintiff’s

proposed

First

and agrees, in the interests of efficiency, to

25 stipulate to permit Plaintiff to file the First Amended Complaint
26 without the need to file a motion for leave to amend;
27

WHEREAS,

28 Stipulation,

the

Parties

Defendant

does

agree

that,

not

waive

in
its

entering
right

into
to

this

contest

2
JOINT STIPULATION AND [PROPOSED] ORDER PERMITTING FILING OF
FIRST AMENDED COMPLAINT

1 Plaintiff’s First Amended Complaint in any way, nor does Defendant
2 waive any defense permissible under the law;
3

THEREFORE, the Parties, by and through their counsel of record,

4 hereby stipulate that Plaintiff should be granted leave to file a
5 First Amended Complaint, in the form attached hereto as Exhibit 1.
6 redline version showing the changes is also attached as Exhibit 2.
7
8 Dated: February 28, 2019

GRAHAMHOLLIS APC

9
By: /s/Nicole R. Roysdon
GRAHAM S.P. HOLLIS
VILMARIE CORDERO
NICOLE R. ROYSDON
Attorneys for Plaintiff Joseph
Osegueda

GRAHAMHOLLIS APC
3555 FIFTH AVENUE SUITE 200
SAN DIEGO, CALIFORNIA 92103

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11
12
13
14 Dated: February 28, 2019

Law Offices of MATHENY SEARS
LINKERT & JAIME, LLP

15
16
17
18

By: /s/Robert W. Sweetin (as authorized
on 2/27/19)
MATTHEW C. JAIME
ROBERT W. SWEETIN
Attorneys for Defendant Northern
California Inalliance

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3
JOINT STIPULATION AND [PROPOSED] ORDER PERMITTING FILING OF
FIRST AMENDED COMPLAINT

A

ORDER

1
2

By stipulation of the parties, and good cause appearing, it is

3 HEREBY
4 Amended

ORDERED

THAT:

Complaint

in

Plaintiff
the

is

form

granted
attached

leave
hereto

to
as

file

a

First

Exhibit

1.

5 Plaintiff shall file the First Amended Complaint within ten days of
6 the date of this Order.
7

IT IS SO ORDERED.

8 Dated:

March 1, 2019

9

GRAHAMHOLLIS APC
3555 FIFTH AVENUE SUITE 200
SAN DIEGO, CALIFORNIA 92103

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JOINT STIPULATION AND [PROPOSED] ORDER PERMITTING FILING OF
FIRST AMENDED COMPLAINT