Smalley et al v. Home Depot U.S.A., Inc.

Filing 20

STIPULATION AND ORDER ALLOWING PLAINTIFFS TO FILE AN AMENDED COMPLAINT.. Signed by Judge Joseph C. Spero on 12/5/11. (klhS, COURT STAFF) (Filed on 12/6/2011)

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WEXLER WALLACE LLP
Mark J. Tamblyn (SBN 179272)
Email: [e-mail]
Ian J. Barlow (SBN 262213)
Email: [e-mail]
455 Capitol Mall, Suite 231
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]

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SQUITIERI & FEARON, LLP
Olimpio Lee Squitieri (admitted pro hac vice)
Email: [e-mail]
Caitlin Duffy (admitted pro hac vice)
Email: [e-mail]
32 East 57th Street, 12th Floor
New York, New York 10022
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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HAROLD SMALLEY, et al.,

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Plaintiffs,
v.

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Case No. 11-cv-02951-JCS
STIPULATION AND [PROPOSED]
ORDER ALLOWING PLAINTIFFS TO
FILE AN AMENDED COMPLAINT

HOME DEPOT U.S.A., INC.,
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Defendant.

Honorable Joseph C. Spero

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WHEREAS, on June 15, 2011, plaintiffs filed this action against defendant Home Depot,
U.S.A., Inc. alleging claims for overtime under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.
(Count I) and under state overtime laws of Alaska (Count II), California (Count III), Montana (Count
IV), Nevada (Count V), and Oregon (Count VI).
WHEREAS, Home Depot’s response to plaintiffs’ complaint is due on December 5, 2011.
WHEREAS, the parties have conferred and agree that certain plaintiffs’ claim or claims are
time-barred.
WHEREAS the parties further agree that plaintiffs should amend their complaint to limit the

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STIPULATION AND [PROPOSED] ORDER ALLOWING PLAINTIFFS TO FILE AN AMENDED
COMPLAINT

11-cv-02951-JCS

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various causes of action to those specific plaintiffs whose claims are not barred by the applicable

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statute of limitations and remove from the complaint plaintiffs whom the parties have agreed to dismiss

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from this action.

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IT IS HEREBY STIPULATED by and between the parties through their designated counsel

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that plaintiffs may file the attached amended complaint pursuant to Fed. R. Civ. P. 15(a)(2), and that

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pursuant to Fed. R. Civ. P. 15(a)(3), defendant’s response shall be due 14 days from the date of the

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filing of plaintiffs’ amended complaint.

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IT IS SO STIPULATED.

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Dated: December 2, 2011

WEXLER WALLACE LLP

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By:

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/s/ Caitlin Duffy
Caitlin Duffy

Olimpio Lee Squitieri
SQUITIERI & FEARON, LLP
32 East 57th Street, 12th Floor
New York, New York 10022
Telephone: [phone]
Facsimile: [phone]

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Ian J. Barlow
455 Capitol Mall, Suite 231
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs

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Dated: December 2, 2011

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AKIN GUMP STRAUSS HAUER & FELD LLP
By:

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/s/ Donna M. Mezias
Donna M. Mezias

580 California Street, Suite 1500
San Francisco, California 94104-1036
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant Home Depot U.S.A., Inc.

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STIPULATION AND [PROPOSED] ORDER ALLOWING PLAINTIFFS TO FILE AN AMENDED
COMPLAINT

11-cv-02951-JCS

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12/5/11
Dated: _______________

R NIA

UNIT
ED

_____________________________________
THE HONORABLEe Joseph C. Spero C. SPERO
JOSEPH
Ju g
UNITED STATES d
MAGISTRATE JUDGE
H

ER

LI

RT

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FO

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

ISTRIC
ES D
TC
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ORDER

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D IS T IC T O
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C

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STIPULATION AND [PROPOSED] ORDER ALLOWING PLAINTIFFS TO FILE AN AMENDED
COMPLAINT

11-cv-02951-JCS

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PROOF OF SERVICE

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I, Caitlin Duffy, am employed in the County of New York, State of New York. I am over the
age of 18 and not a party to the within action; my business address is: 32 East 57th Street, 12th Floor,
New York, New York 10022. On December 2, 2011, I served the foregoing document(s) described as:

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STIPULATION AND [PROPOSED] ORDER ALLOWING PLAINTIFFS TO FILE AN
AMENDED COMPLAINT AND EXHIBIT THERETO
on the interested party(ies) below, using the following means:

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SEE ATTACHED SERVICE LIST

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BY UNITED STATES MAIL I enclosed the documents in a sealed envelope or package addressed
to the respective address(es) of the party(ies) stated above and placed the envelope(s) for collection and
mailing, following our ordinary business practices. I am readily familiar with the firm’s practice of
collection and processing correspondence for mailing. On the same day that correspondence is placed
for collection and mailing, it is deposited in the ordinary course of business with the United States
Postal Service, in a sealed envelope with postage fully prepaid at Sacramento, California.

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BY OVERNIGHT DELIVERY I enclosed the document(s) in an envelope or package provided by
an overnight delivery carrier and addressed to the respective address(es) of the party(ies) stated above.
I placed the envelope or package for collection and overnight delivery at an office or a regularly
utilized drop box of the overnight delivery carrier.
BY FAX Based on an agreement of the parties to accept service by fax transmission, I faxed the
documents to the respective fax number(s) of the party(ies) as stated above. No error was reported by
the fax machine that I used. A copy of the record of the fax transmission(s), which I printed out, is
attached.
BY ELECTRONIC MAIL OR ELECTRONIC TRANSMISSION. Based on a court order or an
agreement of the parties to accept service by e-mail or electronic transmission, I caused the
document(s) to be sent to the respective e-mail address(es) of the party(ies) as stated above. I did not
receive, within a reasonable time after the transmission, any electronic message or other indication that
the transmission was unsuccessful.
(STATE) I declare under penalty of perjury under the laws of the State of New York that the
foregoing is true and correct.
(FEDERAL) I declare that I am employed in the office of a member of the bar of this court at
whose direction the service was made.
Executed on December 2, 2011 at New York, New York
/s/ Caitlin Duffy
Caitlin Duffy

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SERVICE LIST
Donna M. Mezias, Esq.
AKIN GUMP STRAUSS
HAUER & FELD LLP
580 California Street, Suite 1500
San Francisco, California 94104-1036
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Joel M. Cohn, Esq.
Ray E. Donahue, Esq.
AKIN GUMP STRAUSS
HAUER & FELD LLP
1333 New Hampshire Avenue, N.W.
Washington D.C. 20036
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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