Byers et al v. Service Employees International Union et al

Filing 44

STIPULATION AND ORDER re: Filing of Second Amended Complaint. Signed by Judge Samuel Conti on 10/3/08. (tdm, COURT STAFF) (Filed on 10/3/2008)

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Jonathan H. Siegel #78143 Latika Malkani #184301 Sarah Beard #240340 SIEGEL & LEWITTER 1939 Harrison Street, Suite 307 Oakland, California 94612 [phone] [phone] (fax) email: [e-mail] [e-mail] [e-mail]

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

ROSIE BYERS, ELLA RAIFORD, MARTHA VAZQUEZ, MELL GARCIA, J. MICHAEL TORRES, STANLEY LYLES, ROBYNE L. HORN and SONIA ASKEW,

) ) ) ) ) Plaintiffs, ) ) v. ) ) ) SERVICE EMPLOYEES INTERNATIONAL ) UNION, ANDREW L. STERN, ) MARY KAY HENRY, THOMAS V. ) DEBRUIN and ANNA BURGER, ) ) Defendants. ) ) )

Case No. CV 08 1870 SC

[PROPOSED] STIPULATION AND ORDER RE: FILING OF SECOND AMENDED COMPLAINT

The parties in the instant case (hereinafter "Byers") and in Torres et al. v. Service Employees International Union et al., No. 08-04368 (EDL) ("Torres"), have conferred through counsel regarding the pending Administrative Motion to Consider Whether Cases Should Be Related. The parties agree as follows: 1. The combined group of Byers and Torres plaintiffs will file a Second Amended

Siegel & LeWitter
1939 Harrison St Suite 307 Oakland, CA 94612 [phone] [phone]

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Complaint in Byers. That complaint will combine the allegations that are now in Torres with those that are in Byers. The combined group of defendants in the Byers and Torres cases will

1 [PROPOSED] STIPULATION AND ORDER RE: FILING OF SECOND AMENDED COMPLAINT ­ CASE NO. CV 08 1870 SC

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consent to the filing of such a Second Amended Complaint in Byers. That Second Amended Complaint will be filed on or before October 10, 2008. 2. Once the Second Amended Complaint is filed in Byers, the Torres plaintiffs will

voluntarily dismiss the Torres complaint without prejudice under Rule 41, thereby mooting the "related case" issue raised by Defendants recent administrative motion in Byers, as there would then be only one case, Byers. On the understanding that these events will occur, the Byers Defendants hereby withdraw the Administrative Motion to Consider Whether Cases Should Be Related, without prejudice to refiling such a motion in the event Torres is not voluntarily dismissed under the circumstances just described. 3. The Defendants in Byers hereby take the pending motions to dismiss and to

strike in Byers off calendar, without prejudice to refiling appropriate motions after being served with the Second Amended Complaint in Byers. IT IS SO STIPULATED. Dated: October 3, 2008 SIEGEL & LEWITTER

By:

/s/ Latika Malkani Latika Malkani

Attorneys for All Plaintiffs Dated: October 3, 2008 BREDHOFF & KAISER

By:

/s/ Leon Dayan Leon Dayan

Attorneys for All Defendants

Siegel & LeWitter
1939 Harrison St Suite 307 Oakland, CA 94612 [phone] [phone]

24 25 26 27 28 ORDER Pursuant to stipulation, it is so ordered. 10/3 Dated: __________, 2008
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2 [PROPOSED] STIPULATION AND ORDER RE: FILING OF SECOND AMENDED COMPLAINT ­ CASE NO. CV 08 1870 SC

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O IT IS S The Honorable Samuel Conti, USDC ND, Senior Judgei
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