Godhigh et al v. Sears Holding Corporation et al

Filing 44

ORDER granting leave to amend (ts, COURT STAFF) (Filed on 8/13/2009)

Case3:09-cv-00765-SI Document43

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HOFFMAN EMPLOYMENT LAWYERS

HOFFMAN EMPLOYMENT LAWYERS, LLP Michael Hoffman SBN 154481 Alec Segarich SBN 260189 100 Pine Street, Suite. 1550 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiffs BRYAN CAVE LLP Julie E. Patterson, California Bar No. 167326 [e-mail] Jesse E.M. Randolph, California Bar No. 221060 [e-mail] Nikol M. Kim, California Bar No. 260866 [e-mail] 3161 Michelson Drive, Suite 1500 Irvine, CA 92612-4414 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants

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100 Pine Street, Suite 1550 San Francisco, CA 94111 [phone]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA EARL GODHIGH, an individual, MARIA BRAGA, an individual, LISA GLASS, an individual, DANIEL OLIVARES, Sr., an individual, CYNTHIA OROZCO, an individual, ALAN BOHN, an individual, ) CASE NO: C 09-00765 SI ) ) STIPULATION TO AMEND ) COMPLAINT ) ) [PROPOSED] ORDER ) Plaintiffs, ) ) vs. ) ) ) ) SEARS HOLDING CORPORATION; a ) corporation, SEARS HOME ) IMPROVEMENT PRODUCTS, INC.; a ) corporation, SEARS ROEBUCK AND CO., ) ) a corporation, ) Defendants ) ) ____________________________________) ______________________________________________________________________________ STIPULATION TO AMEND COMPLAINT [PROPOSED] ORDER C 09-00765 SI

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Plaintiffs EARL GODHIGH, MARIA BRAGA, LISA GLASS, DANIEL OLIVARES, SR., CYNTHIA OROZCO, ALAN BOHN, (collectively, "Plaintiffs") and Defendant SEARS HOME IMPROVEMENT PRODUCTS, INC. ("SHIP") hereby jointly stipulate to permit Plaintiffs to amend the operative Second Amended Complaint, and file the attached [Proposed] Amended Third Complaint There is good cause for granting an order based on this stipulation, as discovery to date has demonstrated that the primary subclass ("Marketer Subclass") consisted of all current and former Marketers who worked for SHIP during the class period, and who Plaintiffs allege 1) did not timely and fully received expense reimbursement monies, 2) received inaccurate CLPH bonuses, 3) did not receive all of their CLPH monies, and 4) that did not receive $2.00 per hour bonuses for the first 8 weeks of employment as new hires. The parties estimate this subclass impacted about 2450 people. Discovery has shown however, that claims (2) - (4) must be abandoned, as there was clear evidence that Marketers did receive accurate CLPH bonuses, did receive all of their CLPH monies, and that they receive $2.00 per hour bonuses for the first 8 weeks of employment as new hires. In the event they did not, this was atypical and the result of human error. The second subclass ("Supervisor Subclass") consists of all current and former Supervisors who worked for SHIP during the class period, and who Plaintiffs allege were supposed to receive bonuses based on CLPH totals for the In Store Marketers who reported to them. Plaintiffs still allege the Supervisor Subclass was improperly misclassified as exempt. Plaintiffs have also alleged additional expense reimbursements. The parties estimate this class consists of about 40 people. In addition, Class Representative Lisa New was neither in the Marketer Subclass or the Supervisor Subclass, as she was an Assistant manager. She has been deleted from the Complaint. DATED: August 10, 2009 HOFFMAN EMPLOYMENT LAWYERS, LLP ___________/S/__________________________ Michael Hoffman Attorney for Plaintiffs Earl Godhigh et al.

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100 Pine Street, Suite 1550 San Francisco, CA 94111 [phone]

______________________________________________________________________________ STIPULATION TO AMEND COMPLAINT [PROPOSED] ORDER C 09-00765 SI

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DATED: August 10, 2009

BRYAN CAVE LLP /S/ ________________________________________ Julie Patterson Attorney for Defendant SHIP

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100 Pine Street, Suite 1550 San Francisco, CA 94111 [phone]

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA EARL GODHIGH, an individual, MARIA BRAGA, an individual, LISA GLASS, an individual, DANIEL OLIVARES, Sr., an individual, CYNTHIA OROZCO, an individual, ALAN BOHN, an individual, Plaintiffs, vs. SEARS HOLDING CORPORATION; a corporation, SEARS HOME IMPROVEMENT PRODUCTS, INC.; a corporation, SEARS ROEBUCK AND CO., a corporation, Defendants ____________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO: C 09-00765 SI [PROPOSED] ORDER GRANTING STIPULATION TO AMEND COMPLAINT

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100 Pine Street, Suite 1550 San Francisco, CA 94111 [phone]

Based upon the Stipulation of the parties, the attached Plaintiffs' Third Amended Complaint may be filed

__________________________________________ Judge Susan Illston UNITED STATES DISTRICT COURT JUDGE

______________________________________________________________________________ STIPULATION TO AMEND COMPLAINT [PROPOSED] ORDER C 09-00765 SI

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1______________________________________________________________________________ STIPULATION TO AMEND COMPLAINT [PROPOSED] ORDER C 09-00765 SI

100 Pine Street, Suite 1550 San Francisco, CA 94111 [phone]