Martinez et al v. Incom Mechanical, Inc. et al

Filing 21

ORDER granting leave to file amended complaint (tf, COURT STAFF) (Filed on 8/31/2011)

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BRYAN SCHWARTZ, Bar No. 209903
HILLARY BENHAM-BAKER, Bar No. 265019
BRYAN SCHWARTZ LAW
180 Grand Avenue, Ste. 1550
Oakland, CA 94612
Telephone:
510.444.9300
E-mail:
[e-mail]
E-mail:
[e-mail]

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LAW OFFICES OF J. CHRISP
JESSE BURL CHRISP, Bar No. 262518
14655 Lakeshore Drive
Clearlake, CA 94522
Telephone: [phone]
Email:
[e-mail]

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Attorneys for Plaintiffs and the Putative Class

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RICHARD N. HILL, Bar No. 083629
ROBERT L. ZALETEL, Bar No. 096262
LITTLER MENDELSON
A Professional Corporation
650 California Street, 20th Floor
San Francisco, CA 94108-2693
Telephone:
415.433.1940
E-mail:
[e-mail]
E-mail:
[e-mail]
Attorneys for Defendants
INCOM MECHANICAL, INC., JOE LOCATI,
JEFFREY LOCATI, PHIL LOCATI

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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Ricky Martinez, Josh LeClair, Norberto
Suarez, Tyler Fox, and Jared Hutman,
individually, on behalf of all others
similarly situated, and on behalf of the
general public,
Plaintiffs,

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v.

STIPULATION AND [PROPOSED]
ORDER
S
FILING OF AN AMENDED COMPLAINT
Complaint Filed:

February 18, 2011

No Trial Date Set

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Case No. CV-11-01392 (SI)

Incom Mechanical, Inc., Joe Locati, Jeffrey
Locati, Phil Locati, and DOES 1 through
50 inclusive,

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Defendants.
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STIPULATION AND [PROPOSED]
ORDER RE PLAINTIFFS FILING OF AN
AMENDED COMPLAINT

Case No. CV 11-01392 (SI)

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Pursuant to Civil Local Rule 7-12, Plaintiffs Ricky Martinez, et al.

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Defendants Incom Mechanical, Inc., et al

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make the following stipulated request to file a First Amended Complaint

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aintiffs

captioned matter as follows:

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, by and through their attorneys of record,
in the above-

WHEREAS, the parties have reached a settlement agreement wherein they have
agreed to resolve all claims;
WHEREAS, the parties have agreed to settle claims under the Private Attorneys
et seq.;

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WHEREAS, without waiving any defenses to the FAC, or their right to challenge the

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new pleading, Defendants have agreed to stipulate to the filing of the FAC to add claims under

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PAGA, so that the pleadings conform to the settlement;

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WHEREAS, the California Labor and Workforce Development Agency indicated on

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THEREFORE IT IS HEREBY STIPULATED AND REQUESTED by and between

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Plaintiffs and Defendants, through their respective counsel, that the Court grant Plaintiffs leave to

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amend the Complaint as agreed by the parties.

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STIPULATION AND [PROPOSED]
FILING OF AN
AMENDED COMPLAINT

1.

Case No. CV 11-01392 (SI)

ORDER

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above, is approved and adopted as the Order of this Court, as follows:
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o be filed
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IT IS SO ORDERED.
8/30
Dated: ____________ , 2011

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Susan Illston
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION AND [PROPOSED]
ORDER RE PLAINTIFFS FILING OF AN
AMENDED COMPLAINT

Case No. CV 11-01392 (SI)