Jacqueline Benjamin, et al.-v-B & H Education, Inc., et al

Filing 66

Order by Hon. Vince Chhabria granting 65 Stipulation to File Second Amended Complaint.(knm, COURT STAFF) (Filed on 1/21/2015)

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LEON GREENBERG (SBN 226253)
DANA SNIEGOCKI (SBN 261212)
LAW OFFICE OF LEON GREENBERG
2965 South Jones Boulevard #E-4
Las Vegas, NV 89146
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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DAVID A. LOWE (SBN 178811)
CHAYA M. MANDELBAUM (SBN 239084)
MICHELLE G. LEE (SBN 266167)
RUDY, EXELROD, ZIEFF & LOWE, LLP
351 California Street, Suite 700
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

BRYAN J. SCHWARTZ (SBN 209903)
ADETUNJI OLUDE SBN (264873)
BRYAN SCHWARTZ LAW
1330 Broadway, Suite 1630
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiffs
KEITH ZAKARIN (SBN 126528)
JULIE A. VOGELZANG (SBN 174411)
COURTNEY L. BAIRD (SBN 234410)
DUANE MORRIS LLP
750 B Street, Suite 2900
San Diego, CA 92101-4681
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant B&H Education, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

21 JACQUELINE BENJAMIN, BRYAN
GONZALEZ, and TAIWO KOYEJO, on behalf
22 of themselves and classes of those similarly
situated,
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Plaintiffs,
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vs.
25 B&H EDUCATION, INC., a corporation, dba
“MARINELLO SCHOOLS OF BEAUTY”; and
26 DOES 1 through 100,
Defendants.
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Case No. CV 13-04993-VC
JOINT STIPULATION PURSUANT TO
FED. R. CIV. P. 15(A)(2) REGARDING
FILING OF SECOND AMENDED
COLLECTIVE AND CLASS ACTION
COMPLAINT; SECOND AMENDED
COLLECTIVE AND CLASS ACTION
COMPLAINT
Complaint Filed: October 25, 2013
/ Trial Date: Not Set

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JOINT STIPULATION TO FILE SECOND AMENDED COLLECTIVE AND CLASS ACTION COMPLAINT
CASE NO. CV 13-04993-VC

STIPULATION

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Plaintiffs JACQUELINE BENJAMIN, PATRICIA CAULEY, BRYAN GONZALEZ,

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3 and TAIWO KOYEJO and Defendant B&H EDUCATION, INC., by and through their
4 undersigned counsel in the above-captioned matter, hereby stipulate as follows:
WHEREAS, this case was initiated on October 25, 2013 when Plaintiffs filed their

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6 Complaint (ECF No. 1), and Plaintiffs filed a First Amended Collective and Class Action
7 Complaint on April 8, 2014 (ECF No. 20);
WHEREAS, pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure, a party

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9 may amend its pleading with the written consent of the opposing party;
WHEREAS, the Court has set a deadline for amending the pleadings or adding parties of

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11 January 16, 2015;
WHEREAS, Plaintiffs propose to file a Second Amended Collective and Class Action

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13 Complaint, which is attached as Exhibit A to this Stipulation;
WHEREAS, Defendant does not object to the filing of Plaintiffs’ proposed Second

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15 Amended Collective and Class Action Complaint;
WHEREAS, the Parties agree that Defendant shall have thirty (30) days from the date of

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17 filing of this Stipulation to file a responsive pleading to the Second Amended Collective and
18 Class Action Complaint.
IT IS HEREBY STIPULATED, by and between Plaintiffs and Defendant, through their

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20 respective counsel of record, Plaintiffs may file the proposed Second Amended Collective and
21 Class Action Complaint, attached hereto as Exhibit A, which shall be deemed filed as of the date
22 of filing of this Stipulation and Defendant shall file its responsive pleading to the Second
23 Amended Collective and Class Action Complaint no later than thirty (30) days from the date of
24 filing of this Stipulation.
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JOINT STIPULATION TO FILE SECOND AMENDED COLLECTIVE AND CLASS ACTION COMPLAINT
CASE NO. CV 13-04993-VC

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IT IS SO STIPULATED.

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DATED: January 16, 2015

/s/ Chaya M. Mandelbaum
David A. Lowe
Chaya M. Mandelbaum
Michelle G. Lee
Bryan J. Schwartz
Adetunji Olude
Leon Greenberg
Dana Sniegocki
Counsel for Plaintiffs

DATED: January 16, 2015

/s/ Julie A. Vogelzang
Keith Zakarin
Julie A. Vogelzang
Counsel for Defendant

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ECF ATTESTATION

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Pursuant to Civil L.R. 5-1(i)(3), the filer attests that concurrence in the filing of this

14 document has been obtained from each of the other signatories thereto.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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January 21, 2015
18 Dated: _______________________

______________________________
Judge Vince Chhabria
United States District Court

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JOINT STIPULATION TO FILE SECOND AMENDED COLLECTIVE AND CLASS ACTION COMPLAINT
CASE NO. CV 13-04993-VC