Combs v. Jennifer Convertibles, Inc.

Filing 25

ORDER granting leave to amend complaint re 23 (tf, COURT STAFF) (Filed on 1/11/2010)

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Case3:09-cv-03242-SI Document23-1 Filed12/29/09 Page1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ALAN HARRIS aharris@harrisandruble.com MATTHEW E. KAVANAUGH mkavanaugh@harrisandruble.com HARRIS & RUBLE 6424 Santa Monica Blvd. Los Angeles CA 90038 Telephone: (323) 962-3777 Facsimile: (323) 962-3004 Attorneys for Plaintiff AYISHA COMBS CHERYL D. ORR (SBN #143196) cheryl.orr@dbr.com S. FEY EPLING (SBN #190025) fey.epling@dbr.com JOSEPHINE KO (SBN #233869) josephine.ko@dbr.com DRINKER BIDDLE & REATH LLP 50 Fremont Street, 20th Floor San Francisco, CA 94105-2235 Telephone: (415) 591-7500 Facsimile: (415) 591-7510 Attorneys for Defendant JENNIFER CONVERTIBLES, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA AYISHA COMBS, individually and on behalf of al others similarly situated, Plaintiff, v. JENNIFER CONVERTIBLES, INC., a Delaware corporation, Defendant. Complaint Filed: July 16, 2009 Trial: N/A Assigned for all purposes to the Honorable Susan Illston Case No. CV 09-03242 SI [PROPOSED] ORDER FOR LEAVE CASE NO. CV 09-3242 SI Case3:09-cv-03242-SI Document23-1 Filed12/29/09 Page2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, on July 16, 2009, Plaintiff gave written notice by certified mail to the Labor and Workforce Development Agency and Defendant of the specific provisions of the California Labor Code alleged to have been violated, including the facts and theories specified in the Complaint, filed July 16, 2009. WHEREAS, on August 11, 2009, the Labor and Workforce Development Agency sent a certified letter specifying that they were not going pursue the matter. A true and correct copy of the August 11, 2009, letter is attached hereto as Exhibit 1. WHEREAS, Cal. Lab. Code section 2699.3(a)(2)(C) indicates that Plaintiff a rising under [the Labor Code Private Attorneys General Act WHEREAS, the proposed First Amended Complaint attached hereto as Exhibit 2 has been amended to incorporate a cause of action in accordance with Cal. Lab. Code 2699 and no other amendments have been made to the original Complaint filed. NOW, THEREFORE: 1) The First Amended Complaint attached hereto as Exhibit 2 shall be deemed filed as of the day the Court Executes this Order. 2) Defendant shall have twenty (20) days here from in which to respond to the First Amended Complaint. IT IS HEREBY ORDERED: DATED: _________ ______________________________ The Hon. Susan Illston [PROPOSED] ORDER FOR LEAVE -2- CASE NO. CV 09-3242 SI

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