Brown et al v. Airgas On-Site Safety Services, Inc.

Filing 25

STIPULATION AND ORDER re 24 STIPULATION WITH PROPOSED ORDER Granting Plaintiff Leave to File First Amended Complaint filed by Kierre Townsend, Diane Brown. Amended Pleadings due by 8/1/2014. Signed by Judge Jon S. Tigar on July 30, 2014. (wsn, COURT STAFF) (Filed on 7/30/2014)

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SHAUN SETAREH, Bar No. 204514
shaun@setarehlaw .com
TUVIA KOROBKIN , Bar No. 268066
tuvia@setarehlaw .com
NEIL LARSEN, Bar No. 276490
neil@setrehlaw .com
SETAREH LAW GROUP
9454 Wilshire Boulevard, Suite 907
Beverly Hills, CA 902 12

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DENNIS M. BROWN, Bar No. 126575
[e-mail]
MARLENE S. MURACO, Bar No. 154240
[e-mail]
ANNE SWEENEY JORDAN, Bar No. 273589
[e-mail]
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, California 95113.2303
Telephone:
408.998.4150
Facsimile:
408.288.5686

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Attorneys for Plaintiffs
DIANE BROWN; KIERRE TOWNSEND

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Attorneys for Defendant
AIRGAS ON-SITE SAFETY SERVICES, INC.

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UN ITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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DIANE BROWN; KIERRE TOWNSEND,
on behalf of themselves, all others similarly
situated,

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Plaintiffs,

Case No. 13-cv-04975 JST

JOINT STIPULATION AND
(PROPOSED]ORDER GRANTING
PLAINTIFF LEAVE TO FILE FIRST
AMENDED COMPLAINT

v.
{Fed. R. Civ. Proc. Sec. 15(a)(2)-(3)}

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AIRGAS ON-SITE SAFETY SERVICES,
INC., a Delaware Corporation; and DOES
1-50, inclusive,

{Local Rule 7- 12}

Defendants.
Complaint filed: October 25, 2013

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STIPULATION AND [PROPOSED] ORDER GRANTING PLAINTIFF LEAV E TO FILE FIRST AM ENDED
COMPLAINT
CASE No. 13-cv- 04975 JST

JOINT STIPULATION
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This Stipulation is made by and between plaintiffs Dianne Brown, and Kierre Townsend

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(" Plaintiffs") and

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(''Defendant"), through their respective counsel of record, with reference to the following facts:

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defendants Airgas Onsite

Safety Services

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Delaware

Corporation

WHEREAS , on October 25, 2013 , Plaintiff filed the original complaint in the action
alleging wage and hour violations of California Labor Code against Defendants;

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WHEREAS, Plaintiff and Defendant (collectively " the Parties'·) have agreed that Plaintiff

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may file the [Proposed] First Amended Complaint, which is attached as Exhibit A to this

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Stipulation, for the purpose of (I) modifying the class definition; (2) adding ; GULF SOUTH

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SAFETY CONSULTANTS, L.L.C ., a Louisiana limited liability corporation.

II

WHEREAS , the Parties wish to avoid the filing and hearing on a motion for leave to file

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an amended complaint, in order to avoid a waste of judicial resources and unnecessary attorneys'

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fees; and

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WHEREAS, the Parties have agreed that, except as otherwise stated, nothing in this

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Stipulation shall operate as a waiver of any rights, claims or defenses they may have in this action.

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NOW, THEREFORE, the Parties hereby stipulate and agree as follows :

I.

Pursuant to Rule 15(a)(2)-(3) of the Federal Rules of Civil

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Procedure. Plaintiff is granted leave of court to file the [Proposed] First Amended

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Complaint attached as Exhibit A to this Stipulation. The [Proposed] First Amended

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Complaint will be deemed filed and served as of the date on the Order granting this
Stipulation.

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2.
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Defendants shall have 14 days after service of the First Amended

Complaint or this Court' s approval of this Stipulation, whichever is later, to file
any response to Plaintiffs First Amended Complaint;
3.

Except as otherwise stated, nothing in this Stipulation shall operate

as a waiver of any rights, claims or defenses that either Plaintiff or Defendants may
have in this action.
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STIPULATION AND (PROPOSED] ORDER GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED
COMPLAINT
CASE No. 13-cv-04975 JST

IT IS SO STIPULATED.

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Dated: July 25, 2014

Is/ Dennis M. Brown
DENNIS M. BROWN
LITTLER MENDELSON, P.C.
Attorneys for Defendant
AIRGAS ON-SITE SAFETY SERVICES,
INC.

Dated: July 25, 2014

Is/ Shaun Setareh
SHAUN SETAREH
SETAREH LAW GROUP
Attorneys for Plaintiffs
DIANE BROWN and KIERRE TOWNSEND

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II

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

The plaintiff shall file the first amended complaint as a separate

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Dated: July_, 2014
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docket entry no later than August 1, 2014.

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ED
ORDER
S SO Tigar IED
HonorableIJon S.
IT
DIF
United States District Judge
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STIPULATION AND [PROPOSED] ORDER GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED
COMPLAINT
CASE No. 13-cv-04975 JST