v. Hernandez et al

Filing 28

ORDER by Magistrate Judge Maria-Elena James granting 27 Stipulation Granting Plaintiffs' Leave to file Second Amended Complaint. (rmm2S, COURT STAFF) (Filed on 5/13/2013)

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TOMAS E. MARGAIN, Bar No. 193555
HUY TRAN, Bar No. 288196
84 W. SANTA CLARA ST., STE. 790
SAN JOSE, CA 95113
TEL: [phone]
FAX: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
LIBORIO HERNANDEZ and
ROGELIO RODRIGEZ-PEREZ
JOANNA L. BROOKS (State Bar No. 182986)
DOUGLAS M. BRIA (State Bar No. 226966)
DAVID T. WANG (State Bar No. 275015)
JACKSON LEWIS LLP
50 California Street, 9th Floor
San Francisco, CA 94111
Telephone
415.394.9400
Facsimile:
415.394.9401
Email:
[e-mail]
[e-mail]
[e-mail]
ATTORNEYS FOR DEFENDANT
NOR-CAL MOVING SERVICES

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No. 12-CV-05552 MEJ

LIBORIO HERNANDEZ and ROGELIO
RODRIGUEZ-PEREZ

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Plaintiffs,

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JOINT STIPULATION AND PROPOSED
ORDER GRANTING PLAINTIFFS’
LEAVE TO FILE SECOND AMENDED
COMPLAINT

v.

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NOR-CAL MOVING SERVICES,
Defendant.

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Plaintiffs LIBORIO HERNANDEZ and ROGELIO RODRIGUEZ-PEREZ and Defendant

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NOR-CAL MOVING SERVICES through their attorneys of record, hereby submit the following

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STIPULATION AND ORDER GRANTING
LEAVE TO FILE SECOND AMENDED
COMPLAINT

Case No. 12-cv-05552 MEJ
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Joint Stipulation and Proposed Order Granting Plaintiffs’ Leave to File Second Amended

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Complaint.

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WHEREAS, Plaintiffs filed the original Complaint in this action on October 29, 2012;

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WHEREAS, Plaintiffs filed a First Amended Complaint on April 19, 2013 after Defendant
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filed a Motion to Dismiss or Strike on April 12, 2013;
WHEREAS, Plaintiffs desire to file a Second Amended Complaint which removes all

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language under pendant State claims that the matter is being litigated as a representative action or

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that Plaintiffs will comply with California Civil Procedure Class Action requirements.

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NOW, THEREFORE, it is stipulated that:

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1.

Plaintiffs may file the Second Amended Complaint, attached as Exhibit A and
containing redlined amendments to the First Amended Complaint.

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2.

Defendant does not oppose the Amendment.

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3.

Defendant will file an answer or other responsive pleading within 21 days from the

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date of filing of the Second Amended Complaint.

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FOR PLAINTIFFS

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DATED:

May 13, 2013

By:

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/s/ Tomas Margain
Tomas E. Margain
Attorneys for Plaintiffs
LIBORIO HERNANDEZ and
ROGELIO RODRIGEZ-PEREZ

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FOR DEFENDANT

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DATED:

May 13, 2013

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STIPULATION AND ORDER GRANTING
LEAVE TO FILE SECOND AMENDED
COMPLAINT

By: /s/ Douglas M. Bria
JoAnna L. Brooks
Douglas M. Bria
David T. Wang
Attorneys for Defendant
NOR-CAL MOVING SERVICES
Case No. 12-cv-05552 MEJ
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ORDER
Based on the above stipulation and GOOD CAUSE shown Plaintiffs are hereby granted
leave to file a Second Amended Complaint which removes stray language that the matter is being
brought as a representative action.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED:

May 13, 2013

By:
HON. MARIA ELENA JAMES
Magistrate Judge of the United States
District Court

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4832-4672-8211, v. 1

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STIPULATION AND ORDER GRANTING
LEAVE TO FILE SECOND AMENDED
COMPLAINT

Case No. 12-cv-05552 MEJ
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