Bibo et al v. Federal Express Inc.

Filing 182

STIPULATION AND ORDER to File Third Amended Complaint. Signed by Judge Thelton E. Henderson on 06/11/2012. (tmi, COURT STAFF) (Filed on 6/12/2012)

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MICHAEL VON LOEWENFELDT (178665)
E-mail: [e-mail]
MICHAEL NG (237915)
E-mail: [e-mail]
CHEROKEE D.M. MELTON (243265)
E-mail: [e-mail]
KERR & WAGSTAFFE LLP
100 Spear Street, Suite 1800
San Francisco, CA 94105–1528
Telephone: [phone]
Fax: [phone]
DANIEL L. FEDER (130867)
E-mail: [e-mail]
LAW OFFICES OF DANIEL FEDER
807 Montgomery Street
San Francisco, CA 94133
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiffs
ALEX GALVEZ and MARC GARVEY, on behalf
of all others similarly situated

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALEX GALVEZ, an individual, and MARC
GARVEY, an individual, and on behalf of all
other similarly situated,

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Plaintiffs,

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STIPULATION AND [PROPOSED]
ORDER TO FILE THIRD AMENDED
COMPLAINT

v.
Hon. Thelton E. Henderson

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Case No. C 07-02505 TEH

FEDERAL EXPRESS INC., a Delaware
Corporation, and DOES 1-500, inclusive,
Defendants.

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K E R R
––––– & –––––
W A G S T A F F E
LLP

Case No. C 07-02505 TEH

STIPULATION AND [PROPOSED] ORDER

STIPULATION

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Pursuant to Federal Rule of Civil Procedure 15(a)(2), the parties to this action, through

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their respective counsel of record, stipulate to the filing of a Third Amended Complaint, as

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follows:
WHEREAS, there is an action pending in the United States District Court for the Central

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District, captioned Lauderdale v. Federal Express Corporation, 2:11-cv-00902-DSF-PJW;

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WHEREAS, the parties have agreed to add Cedric Lauderdale, the named representative

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Plaintiff in Lauderdale v. Federal Express Corporation, as a named representative Plaintiff to this

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case;

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WHEREAS, the parties have further agreed to amend the Second Amended Complaint in
this action to add the claims alleged in the Lauderdale action;
WHEREAS, the parties have further agreed to amend the Second Amended Complaint to
add Cedric Lauderdale’s current counsel, Initiative Legal Group, to the caption;
WHEREAS, upon the filing of a Third Amended Complaint, the Lauderdale action will
be dismissed;
WHEREAS, Plaintiffs’ counsel is filing concurrent with this stipulation, a Motion to

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Withdraw as Counsel For Plaintiff Alex Galvez and To Remove Alex Galvez as Class

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Representative;

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WHEREAS, the parties also seek to amend the Second Amended Complaint to remove
Alex Galvez as a named representative in this action;

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WHEREAS, the parties also stipulate to correcting the Defendant’s name in the caption

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and in the body of the Second Amended Complaint, now erroneously listed as Federal Express,

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Inc., to its proper name, Federal Express Corporation;

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WHEREAS, because the sole purpose of this Stipulation is to effectuate a contemplated

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global settlement, the parties agree that Defendant need not file an answer or other responsive

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pleading to the Third Amended Complaint unless preliminary or final approval of the settlement

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is not granted. The parties agree that Defendant shall have 30 days after the entry of any order

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denying preliminary or final approval to file an answer or other responsive pleading;

K E R R
––––– & –––––
W A G S T A F F E
LLP

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Case No. C 07-02505 TEH

STIPULATION AND [PROPOSED] ORDER

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WHEREAS, the parties agree that by stipulating to the filing of the Third Amended

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Complaint, Defendant does not concede the accuracy or veracity of any of the allegations therein

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and reserves its right to challenge the Third Amended Complaint in part or in its entirety in the

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event the contemplated global settlement does not receive final approval.

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ACCORDINGLY, IT IS HEREBY STIPULATED THAT the parties may file a Third
Amended Complaint.

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DATED: May 7, 2012

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LAW OFFICES OF DANIEL FEDER
KERR & WAGSTAFFE LLP

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By _/s Michael von Loewenfeldt_________________
MICHAEL VON LOEWENFELDT

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Attorneys for Plaintiffs
ALEX GALVEZ and MARC GARVEY, on behalf
of all others similarly situated

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DATED: May 7, 2012

FEDERAL EXPRESS CORPORATION

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By _/s Sandra C. Isom__________________________
SANDRA C. ISOM

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Attorneys for Defendant
FEDERAL EXPRESS CORPORATION

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K E R R
––––– & –––––
W A G S T A F F E
LLP

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Case No. C 07-02505 TEH

STIPULATION AND [PROPOSED] ORDER

[PROPOSED] ORDER

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Complaint may be filed.
IT IS SO ORDERED.

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nderson

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H

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FO

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. He
helton E
Judge T

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_________________________________________
THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT

NO

06/11/2012
DATED: ______________

UNIT
ED

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PURSUANT TO STIPULATION, IT IS HEREBY ORDERED THAT a Third Amended

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K E R R
––––– & –––––
W A G S T A F F E
LLP

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Case No. C 07-02505 TEH

STIPULATION AND [PROPOSED] ORDER