Seielstad v. Aegis Senior Communities LLC et al

Filing 12

ORDER FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT; DEEMING MOTION TO DISMISS WITHDRAWN. Signed by Judge Maxine M. Chesney on July 31, 2009. (mmclc2, COURT STAFF) (Filed on 7/31/2009)

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Alan Harris (SBN 146079) David Zelenski (SBN 231768) HARRIS & RUBLE 5455 Wilshire Boulevard, Suite 1800 Los Angeles, California 90036 Telephone: [phone] Facsimile: 323.931.3366 [e-mail] [e-mail] David S. Harris (SBN 215224) NORTH BAY LAW GROUP 901 Irwin Street San Rafael, California 94901 Telephone: [phone] Facsimile: 415.460.5303 [e-mail] Attorneys for Plaintiff TAMARAH R. SEIELSTAD UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA TAMARAH R. SEIELSTAD, individually and on behalf of all others similarly situated, Plaintiff, v. AEGIS SENIOR COMMUNITIES, LLC, a Washington Limited Liability Company, and DWAYNE CLARK, an individual, Defendant. The parties hereby jointly stipulate as follows: WHEREAS, Plaintiff Tamarah R. Seielstad (hereinafter, "Seielstad") filed a Complaint in this action on April 24, 2009; WHEREAS, Plaintiff Seielstad represents that she sent a letter by certified mail to the California Labor Workforce Development Agency and Aegis Senior Communities, LLC (hereinafter, "AEGIS") care of their agent for service process, CSC Lawyers Incorporating -1JOINT STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT
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Case No. 09-01797 MMC JOINT STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT ; DEEMING MOTION TO DISMISS WITHDRAWN Honorable Maxine M. Chesney

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Service, on April 28, 2009, notifying them of the various California Labor Code violations Seielstad had asserted against AEGIS and requesting permission to pursue civil penalties against AEGIS under the Labor Code Private Attorneys General Act; WHEREAS, Defendant Dwayne Clark filed a Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(2) and (6) on June 12, 2009, currently set for hearing on August 7, 2009; WHEREAS, Plaintiff received a letter from the California Labor Workforce Development Agency on June 22, 2009, that it did not intend to investigate Plaintiffs allegations against AEGIS and that Plaintiff may pursue civil penalties against AEGIS under the Labor Code Private Attorneys General Act; WHEREAS, Defendant AEGIS filed its Answer on June 30, 2009; WHEREAS, pursuant to section 2699.3(a)(2)(C) of the California Labor Code, Plaintiff may as a matter of right amend her Complaint to add a cause of action under the Labor Code Private Attorneys General Act; NOW, THEREFORE, it is stipulated that: 1. The First Amended Complaint attached hereto as Exhibit 1 shall be deemed filed

on the date the Court executes the attached Proposed Order. 2. Defendants shall file an answer or otherwise respond to the First Amended

Complaint within thirty (30) days of the date the Court files an Order permitting the filing of the First Amended Complaint. 3. Defendant Clark shall file a Withdrawal of Motion requesting that Defendant

Clark's Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(2) and (6) set for August 7, 2009, be taken off calendar. Plaintiff understands and agrees that Defendant Clark will refile the motion. Plaintiff also understands and agrees that Defendants Aegis and Clark may file any other responsive pleadings after the First Amended Complaint is filed.

-2JOINT STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT
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IT IS SO STIPULATED. HARRIS & RUBLE ___________/s/____________________ Alan Harris Attorney For Plaintiff Tamarah Seielstad DATED: July 29, 2009 HANSON BRIDGETT LLP ____________/s/_____________________ Diane Marie O'Malley Attorneys for Defendants Aegis Senior Communities, LLC and Dwayne Clark. IT IS SO ORDERED., and defendant Dwayne Clark's motion to dismiss is hereby deemed withdrawn without prejudice.

DATED: July 29, 2009

31 DATED: July __, 2009
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__________________________________ Honorable Maxine M. Chesney United States District Judge

JOINT STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT

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