Johnson v. Goodyear Tire & Rubber Company, The

Filing 26

JOINT STIPULATION AND ORDER REGARDING FILING OF SECOND AMENDED COMPLAINT. Plaintiff is instructed to file Second Amended Complaint in the public record no later than September 27, 2013. Signed by Judge Maxine M. Chesney on September 24, 2013. (mmclc2, COURT STAFF) (Filed on 9/24/2013)

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KENNETH S. GAINES, ESQ. SBN 049045
[e-mail]
DANIEL F. GAINES, ESQ. SBN 251488
[e-mail]
ALEX P. KATOFSKY, ESQ. SBN 202754
[e-mail]
GAINES & GAINES, APLC
21550 Oxnard Street, Suite 980
Woodland Hills, CA 91367
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff TOSHIBA JOHNSON

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MICHELLE B. HEVERLY, Bar No. 178660
[e-mail]
JOSHUA D. KIENITZ, Bar No. 244903
[e-mail]
ALEXIS A. SOHRAKOFF, Bar No. 273410
[e-mail]
LITTLER MENDELSON, P.C.
650 California Street, 20th Floor
San Francisco, California 94108.2693
Telephone:
415.433.1940
Facsimile:
415.399.8490

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Attorneys for Defendant
THE GOODYEAR TIRE & RUBBER COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TOSHIBA JOHNSON, on behalf of herself
and all others similarly situated, and on
behalf of the general public, and as an
"aggrieved employee" under the Labor
Code Private Attorneys General Act of
2004,

Case No. 3:13-cv-01069-MMC
JOINT STIPULATION AND [PROPOSED]
ORDER REGARDING FILING OF
SECOND AMENDED COMPLAINT

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Plaintiffs,
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v.
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THE GOODYEAR TIRE & RUBBER
COMPANY, an Ohio corporation, and
DOES 1 through 10, inclusive,

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Defendants.
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STIP. AND ORDER REGARDING FILING
OF SECOND AMENDED COMPLAINT

Case No. 3:13-cv-01069-MMC

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RECITALS

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A.

in Alameda County Superior Court on February 1, 2013;

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B.

C.

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WHEREAS, on or about March 8, 2013, Defendant removed the action to this

D.

WHEREAS, Defendant answered the First Amended Complaint on March

E.

WHEREAS, on July 18, 2013, the parties participated in a full day mediation

Court;

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WHEREAS, Plaintiff filed her First Amended Complaint (“FAC”) in

Alameda County Superior Court on February 14, 2013;

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WHEREAS, TOSHIBA JOHNSON ("Plaintiff ") filed her Original Complaint

18, 2013;

with respected mediator, Michael Dickstein;
F.

WHEREAS, following the mediation, the parties continued to work together

on a potential settlement and, ultimately, came to terms on a class-wide settlement;
G.

WHEREAS, as part of the proposed settlement, the parties have agreed that

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Plaintiff shall file a Second Amended Complaint (SAC) which dismisses claims for violations of

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Labor Code § 2802 and Business & Professions Code § 17200. In addition, the SAC includes an

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additional claim for violations of Labor Code § 226. The proposed SAC (in redline format to show

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the proposed changes) is attached hereto as Exhibit A.

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THEREFORE, the parties do STIPULATE AND AGREE as follows;

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1.

Plaintiff’s SAC shall be the operative complaint in this matter;

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2.

Plaintiff’s SAC shall be deemed filed upon entry of the Order on this

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Stipulation; and
3.

Defendant shall have thirty (30) days to respond to the SAC, to commence

upon entry of this Order.
IT IS SO STIPULATED:

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STIP. FOR CONTINUANCE OF CMC;
[PROPOSED] ORDER

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Case No. 3:13-cv-01069-MMC

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Dated: September 20, 2013

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/s/ Alex P. Katofsky
ALEX P. KATOFSKY
GAINES & GAINES, APLC
Attorneys for Plaintiff TOSHIBA JOHNSON

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Dated: September 20, 2013
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/s/ Joshua D. Kienitz
JOSHUA D. KIENITZ
LITTLER MENDELSON, P.C.
Attorneys for Defendant
THE GOODYEAR TIRE & RUBBER COMPANY

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ORDER
Upon reading the forgoing Stipulation, and good cause appearing, therefore,
IT IS ORDERED THAT
1.

Plaintiff’s SAC shall be the operative complaint in this matter;

2.

Plaintiff’s SAC shall be deemed filed upon entry of the Order on this

Stipulation; and shall file the SAC no later than September 27, 2013; and
3.

Defendant shall have thirty (30) days to respond to the SAC, to commence

upon entry of this Order.
SO ORDERED.

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September 24, 2013
Dated: ______________________

____________________________________
HON. MAXINE M. CHESNEY
United States District Court Judge

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STIP. FOR CONTINUANCE OF CMC;
[PROPOSED] ORDER

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Case No. 3:13-cv-01069-MMC