Labrador v. Diesel U.S.A., Inc.

Filing 18

ORDER to ALLOW AMENDMENT OF COMPLAINT AND CONTINUE CMC re 17 Stipulation filed by Megan Labrador Initial Case Management Conference set for 7/15/2011 08:30 AM.. Signed by Judge Charles R. Breyer on 6/3/2011. (beS, COURT STAFF) (Filed on 6/6/2011)

Case3:11-cv-00014-CRB Document17

1
2
3
4
5
6
7
8
9
10
11
12

Filed06/02/11 Page1 of 5

MICHAEL VON LOEWENFELDT (SBN 178665)
E-mail: [e-mail]
MICHAEL NG (SBN 237915)
E-mail: [e-mail]
CHERYL LEMA MACKEY (SBN 273029)
E-mail: [e-mail]
KERR & WAGSTAFFE LLP
100 Spear Street, 18th Floor
San Francisco, CA 94105–1528
Telephone: [phone]
Fax: [phone]
DANIEL L. FEDER (SBN 130867)
E-mail: [e-mail]
CLAIRE E. COCHRAN (SBN 222529)
E-mail: [e-mail]
LAW OFFICES OF DANIEL FEDER
332 Pine Street, Suite 700
Street San Francisco, CA 94104
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff
MEGAN LABRADOR

13
14
15
16
17
18

HARRY I. JOHNSON, III (SBN200257)
PAUL A. RIGALI (262948)
ARENT FOX LLP
555 West Fifth Street, 48th Floor
Los Angeles, CA 90013-1065
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendant
DIESEL U.S.A., INC.

19
UNITED STATES DISTRICT COURT
20

NORTHERN DISTRICT OF CALIFORNIA

21
22

SAN FRANCISCO DIVISION

23

MEGAN LABRADOR, individually and on
behalf of all others similarly situated,

CLASS ACTION
Case No. CV 11-00014 (CRB)

24

Plaintiff,

25

v.

STIPULATION AND [PROPOSED]
ORDER TO ALLOW AMENDMENT
OF COMPLAINT AND CONTINUE
CASE MANAGEMENT CONFERENCE

26

DIESEL U.S.A., INC., a New York Corporation

27

Defendant.

JURY TRIAL DEMANDED

28
K E R R

––––– & –––––

W A G S T A F F E
L LP

Hon. Charles R. Breyer

Case No. CV 11-00014 CRB

STIPULATION AND [PROPOSED] ORDER TO
ALLOW AMENDMENT OF COMPLAINT AND CONTINUE CMC

Case3:11-cv-00014-CRB Document17

1
2

Plaintiff Megan Labrador (“Plaintiff”) and Defendant Diesel U.S.A., Inc. (“Defendant”),
by and through their undersigned counsel, hereby stipulate and agree as follows:

3
4

Filed06/02/11 Page2 of 5

WHEREAS, this case was originally filed in California state court but removed to this
Court on January 3, 2011;

5

WHEREAS, as reflected in the parties’ stipulation filed April 21, 2011 (Docket No. 15),

6

the parties agreed to continue the initial case management conference to allow newly retained

7

counsel for Plaintiff and counsel for Defendant time to discuss potential amendment of

8

Plaintiff’s complaint, in part to address issues raised by Defendant during the initial meet and

9

confer;

10

WHEREAS, the parties have completed those discussions and Defendant has agreed to

11

allow Plaintiff to file an amended complaint in the attached form (Attachment A), without

12

waiver of any rights to challenge said pleadings, or any defenses to the amended claims,

13

including, but not limited to, relation back to claims asserted in Plaintiff’s prior complaints;

14

WHEREAS, Plaintiff’s new proposed complaint would reduce, from 14 to seven, the

15

number of claims brought by her on her own behalf and on behalf of a proposed class, including

16

elimination of her claim for any penalties brought pursuant to California Labor Code section

17

2699 (i.e., the Private Attorney General Act, or “PAGA”); and

18

WHEREAS, counsel for Defendant now has a conflict for the date of the rescheduled

19

Case Management Conference (June 17, 2011), and the parties have agreed to seek continuance

20

of that conference given their progress on the foregoing, several other case management issues

21

and discussions regarding potential mediation;

22
23

THEREFORE, the Parties hereby submit this stipulated request and respectfully request
that the Court issue an order:

24

•

Granting leave to Plaintiff to amend her complaint;

25

•

Continuing the Case Management Conference currently set for June 17, 2011 to

26

July 15, 2011 at 8:30 a.m., or to another date or time thereafter and convenient to

27

the Court’s calendar;

28
-1-

K E R R

––––– & –––––

W A G S T A F F E
L LP

Case No. CV 11-00014 CRB

STIPULATION AND [PROPOSED] ORDER TO
ALLOW AMENDMENT OF COMPLAINT AND CONTINUE CMC

Case3:11-cv-00014-CRB Document17

1

•

Filed06/02/11 Page3 of 5

Continue the deadline to file a joint case management statement according to the

2

date of the continued case management conference and the Court’s Order Setting

3

Case Management Conference, dated March 8, 2011.

4

IT IS SO STIPULATED

5
6

DATED: June 2, 2011

7

KERR & WAGSTAFFE LLP
By ______/s/________________________________
MICHAEL NG

8

Attorneys for Plaintiff
MEGAN LABRADOR

9
10
11

DATED: June 2, 2011

12

ARENT FOX LLP

By ______/s/________________________________
HARRY I. JOHNSON

13
14

Attorneys for Defendant
DIESEL U.S.A., INC.

15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-

K E R R

––––– & –––––

W A G S T A F F E
L LP

Case No. CV 11-00014 CRB

STIPULATION AND [PROPOSED] ORDER TO
ALLOW AMENDMENT OF COMPLAINT AND CONTINUE CMC

Case3:11-cv-00014-CRB Document17

1

Filed06/02/11 Page4 of 5

I, Michael Ng, am the ECF User whose ID and password are being used to file this

2

Stipulation and [Proposed] Order to Continue Case Management Conference. In compliance

3

with General Order 45, X.B., I hereby attest that Harry I. Johnson, counsel for Defendant, has

4

concurred in this filing.

5
6

DATED: June 2, 2011

KERR & WAGSTAFFE LLP

7
By ______/s/________________________________
MICHAEL NG

8
9

Attorneys for Plaintiff
MEGAN LABRADOR

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-3-

K E R R

––––– & –––––

W A G S T A F F E
L LP

Case No. CV 11-00014 CRB

STIPULATION AND [PROPOSED] ORDER TO
ALLOW AMENDMENT OF COMPLAINT AND CONTINUE CMC

Case3:11-cv-00014-CRB Document17

1

Filed06/02/11 Page5 of 5

ORDER

2
3
4

Having reviewed the stipulation submitted by the parties, and good cause appearing, the
Court hereby orders the following:

5

•

Plaintiff is granted leave to amend her complaint;

6

•

The Initial Case Management Conference in this matter is reset for Friday, July

7

15, 2011 at 8:30 a.m. The deadline to file a joint case management statement

8

according to the date of the continued case management conference and the

9

Court’s Order Setting Case Management Conference, dated March 8, 2011.

10
11
IT IS SO ORDERED.

13

17

I

RT

19

har
Judge C

ER

21

A

H

20

reyer

les R. B

NO

18

R NIA

16

________________________________
Charles R. Breyer
ERED
UNITEDS SO ORD
STATED DISTRICT JUDGE
TI

FO

DATED:_________________________
June 3, 2011

UNIT
ED

15

S DISTRICT
TE
C
TA

RT
U
O

S

14

LI

12

N

F
D IS T IC T O
R

C

22
23
24
25
26
27
28
-4-

K E R R

––––– & –––––

W A G S T A F F E
L LP

Case No. CV 11-00014 CRB

STIPULATION AND [PROPOSED] ORDER TO
ALLOW AMENDMENT OF COMPLAINT AND CONTINUE CMC