Dietrick v. Securitas Security Services USA, Inc.

Filing 25

STIPULATION AND ORDER re 22 STIPULATION WITH PROPOSED ORDER for Filing of Amended Complaint filed by Michael Dietrick. Signed by Judge Jon S. Tigar on January 29, 2014. (wsn, COURT STAFF) (Filed on 1/29/2014)

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EDUARDO G. ROY (Bar No. 146316)
JOHN R. HURLEY (Bar no. 203641)
PROMETHEUS PARTNERS L.L.P.
220 Montgomery Street Suite 1094
San Francisco, CA 94104
Telephone: [phone]
Attorneys for Plaintiff
Michael Dietrick

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UNITED STATES DISTIRCT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL DIETRICK, individually and on
behalf of all others similarly situated,

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Case No.: 3:13-cv-5016
STIPULATION AND [PROPOSED]
ORDER RE FILING OF AND
RESPONDING TO FIRST AMENDED
COMPLAINT

Plaintiff,
v.
SECURITAS SECURITY SERVICES USA,
INC.,

F.R.C.P. 15

Defendant.

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STIPULATION RE AMENDMENT

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Plaintiff Michael Dietrick (“Plaintiff”) and Defendant Securitas Security Services USA, Inc.
(“Securitas USA”) hereby stipulate and agree as follows:
WHEREAS, Plaintiff filed his original Complaint in this action on October 28, 2013, and that
Complaint is the currently operative pleading;

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WHEREAS, Securitas USA filed its Answer to the operative Complaint on December 31, 2013;

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WHEREAS, Plaintiff seeks to file a First Amended Complaint in order to assert claims under the

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California Private Attorneys General Act, Labor Code §2698, et seq.;
WHEREAS, Securitas USA consents to the filing of the First Amended Complaint pursuant to
Fed. R. Civ. Proc. 15(a)(2);
WHEREAS, by consenting to the filing of the First Amended Complaint, Securitas USA is not

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admitting to the truth of the allegations set forth therein nor conceding the factual or legal adequacy

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thereof;

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WHEREAS, the proposed First Amended Complaint is submitted concurrently herewith in
accordance with Civil Local Rule 10-1.
IT IS THEREFORE STIPULATED AND AGREED AS FOLLOWS:
1. That Plaintiff’s First Amended Complaint shall be the now-operative pleading in the
above-captioned litigation;
2. That Plaintiff’s First Amended Complaint shall be deemed filed and served on the date
the Court gives notice of entry of the [Proposed] Order;
3. That Securitas USA shall have 14 days from such date in which to Answer or otherwise
respond to the First Amended Complaint.

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STIPULATION RE AMENDMENT

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Pursuant to Local Rule 5-1(i)(3), the undersigned filer of this document hereby attests that

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concurrence in the filing has been obtained from each of the other signatories, which shall serve in lieu

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of their signatures on the document.

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IT IS SO STIPULATED.

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DATED: January 29, 2014

Respectfully submitted,

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PROMETHEUS PARTNERS L.L.P.
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By:
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/s/ John R. Hurley
John R. Hurley, Esq.
Attorneys for Plaintiff Michael Dietrick

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DATED: January 29, 2014

Respectfully submitted,
THARPE & HOWELL, LLP

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By:

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/s/ Sherry B. Shavit
Sherry B. Shavit, Esq.
Attorneys for Defendant Securitas
Security Services USA, Inc.

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The plaintiff shall file his First Amended Complaint within three days of the filing of this Order.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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____________
Jon S. Tigar
. Ti ga r
ge Jon S Judge
United States District Court
Jud

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STIPULATION RE AMENDMENT

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By:

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DERED
SO OR
IT IS
DIFIED
AS MO

R NIA

DATED: January 29, 2014

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UNIT
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ORDER

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