Jorge Quezada v. Con-Way Inc.

Filing 121

ORDER GRANTING 120 STIPULATION TO ANSWER STANDING AS RESPONSIVE PLEADING TO THIRD AMENDED COMPLAINT. Signed by Judge Jeffrey S. White on 4/23/13. (jjoS, COURT STAFF) (Filed on 4/23/2013)

Case3:09-cv-03670-JSW Document120 Filed04/19/13 Page1 of 4

1

[ALL COUNSEL LISTED ON NEXT PAGE]

2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11
12
13

JORGE R. QUEZADA, individually, and on
behalf of all others similarly situated,

14
15

Plaintiff,
v.

16
17
18

CON-WAY FREIGHT INC.,
Defendant.

19
20

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. C 09-03670 JSW
Related to C 10 00100 JSW
STIPULATION TO ANSWER
STANDING AS RESPONSIVE
PLEADING TO THIRD AMENDED
COMPLAINT

21
22
23
24
25
26
27
28
LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

STIPULATION: ANSWER AS RESPONSIVE
PLEADING

CASE NO. C 09-03670 JSW

Case3:09-cv-03670-JSW Document120 Filed04/19/13 Page2 of 4

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

KENNETH R. O'BRIEN, Bar No. 072128
LITTLER MENDELSON
A Professional Corporation
2520 Venture Oaks Way, Suite 390
Sacramento, CA 95833.4227
Telephone:
916.830.7200
Facsimile:
916.561.0828
BARRETT K. GREEN, Bar No.
LITTLER MENDELSON, P.C.
2049 Century Park East, 5th Floor
Los Angeles, California 90067.3107
Telephone:
310.553.0308
Facsimile:
310.553.5583
RICHARD H. RAHM, Bar No. 130728
ANGELA J. RAFOTH, Bar No. 241966
LITTLER MENDELSON
A Professional Corporation
650 California Street, 20th Floor
San Francisco, CA 94108-2693
Telephone:
415.439.6210
Facsimile:
415.520.9816
Attorneys for Defendant
CON-WAY FREIGHT INC.
MICHAEL L. CARVER, Bar No. 173633
MICHELLE M. LUNDE, Bar. No. 246585
LABOR LAW OFFICE
A Professional Corporation
1395 Ridgewood Drive, Suite 300
Chico, California 95973
Telephone: [phone]
Facsimile: [phone]
R. DUANE WESTRUP, Bar No. 058610
LAWRENCE R. CAGNEY, Bar No. 141845
WESTRUP KLICK LLP
444 W. Ocean Boulevard, #1614
Long Beach, CA 90802-4524
Telephone:
562.432.2551
Facsimile:
562.435.4856
Attorney for Plaintiff
JORGE QUEZADA

25
26
27
28
LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

STIPULATION: ANSWER AS RESPONSIVE
PLEADING

CASE NO. C 09-03670 JSW

Case3:09-cv-03670-JSW Document120 Filed04/19/13 Page3 of 4

STIPULATION

1
2
3

The parties hereto, by and through their respective counsel, hereby stipulate and
request the Court to order as follows:

4

WHEREAS, on February 22, 2013, Defendant Con-way Freight, Inc. (“Defendant”)

5

moved to stay proceedings in this case pending the Ninth Circuit’s decisions in two pending appeals

6

addressing the scope of federal preemption of California meal and rest break requirements;

7

WHEREAS, in opposition to Defendant’s Motion to Stay, Plaintiff asserted that he

8

had abandoned the cause of action for allegedly missed rest breaks asserted in the operative Second

9

Amended Complaint;

10

WHEREAS, on March 25, 2013, the Court issued an Order denying Defendant’s

11

Motion to Stay and ordering Plaintiff to file an amended complaint omitting the rest-break claim on

12

before April 2, 2013;

13

WHEREAS, on April 2, 2013, Plaintiff filed his Third Amended Complaint in this

14

action, omitting his rest-break cause of action and making other minor changes to conform the

15

pleading to other intervening proceedings in the case;

16

WHEREAS, when Plaintiffs filed their Second Amended Complaint, Defendant

17

concluded that its earlier Answer to the Amended Complaint was sufficient to stand as it response to

18

the Second Amended Complaint, and entered into a stipulation to that effect on July 14, 2010, which

19

stipulation was accepted and so ordered by this Court;

20

WHEREAS, Defendant similarly concludes that an amended Answer is not necessary

21

to address the changes in Plaintiff’s allegations between the Second Amended Complaint and the

22

now-operative Third Amended Complaint;

23

WHEREAS, the preparation of an Answer to the Third Amended Complaint would

24

amount to an unnecessary expenditure of resources where the parties agree that the claims and

25

defenses at issue in this matter are fairly raised by the current pleadings.

26

IT IS HEREBY STIPULATED AND AGREED, by and through the parties’

27

respective counsel of record, that Defendant’s existing Answer shall stand as its responsive pleading

28

to Plaintiffs’ Third Amended Complaint. Because the parties entered into a similar stipulation,

LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

STIPULATION: ANSWER AS RESPONSIVE
PLEADING

2.

CASE NO. C 09-03670 JSW

Case3:09-cv-03670-JSW Document120 Filed04/19/13 Page4 of 4

1

approved by the Court, with regard to the Second Amended Complaint, the operative Answer

2

incorporated here was filed in response to Plaintiff’s Amended Complaint.

3
4

IT IS SO STIPULATED.
Dated: April 19, 2013

5

/s/ Angela J. Rafoth ______________
RICHARD H. RAHM
ANGELA J. RAFOTH
LITTLER MENDELSON
A Professional Corporation
Attorneys for Defendant
CON-WAY FREIGHT INC.

6
7
8
9

Dated: April 19, 2013

10

/s/ Lawrence Cagney
LAWRENCE CAGNEY
WESTRUP KLICK LLP
Attorneys for Plaintiff
JORGE QUEZADA

11
12
13
14
15

PURSUANT TO STIPULATION AND GOOD CAUSE APPEARING, IT IS SO ORDERED:
April 23
Dated: _________, 2013

16
HON. JEFFREY S. WHITE

17
18
19
20
21

Firmwide:119795452.3 012187.1046

22
23
24
25
26
27
28
LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

STIPULATION: ANSWER AS RESPONSIVE
PLEADING

3.

CASE NO. C 09-03670 JSW