Villanueva v. Morpho Detection, Inc

Filing 54

ORDER by Judge Haywood S. Gilliam, Jr. Granting 53 STIPULATION WITH PROPOSED ORDER FOR LEAVE TO FILE THIRD AMENDED COMPLAINT (CORRECTION OF DOCKET # 52 ) (ndrS, COURT STAFF) (Filed on 4/16/2015)

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HOFFMAN EMPLOYMENT LAWYERS
Michael Hoffman (SBN 154481)
[e-mail]
Leonard Emma (SBN 224483)
[e-mail]
Stephen Noel Ilg (SBN 275599)
[e-mail]
580 California Street, Suite 1600
San Francisco, CA 94104
Tel [phone]
Fax [phone]

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Attorneys for Plaintiff HAROLD VILLANUEVA

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MELINDA S. RIECHERT, State Bar No. 65504
MICHAEL D. SCHLEMMER, State Bar No. 250000
MORGAN, LEWIS & BOCKIUS LLP
2 Palo Alto Square
3000 El Camino Real, Suite 700
Palo Alto, CA 94306
Tel: [phone]
Fax: [phone]
E-Mail: [e-mail]
E-Mail: [e-mail]
Attorneys for Defendant MORPHO DETECTION, LLC,
incorrectly named as MORPHO DETECTION, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HAROLD VILLANUEVA, individually and
on behalf of all others similarly situated, and
the general public,

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Plaintiff,

CASE NO: 13-cv-05390-HSG
CLASS ACTION
JOINT STIPULATION AND ORDER
FOR LEAVE TO FILE THIRD
AMENDED COMPLAINT

v.
MORPHO DETECTION, INC., and DOES 1
to 10, inclusive,
Defendants.

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-1JOINT STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE TAC

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Pursuant to Civil Local Rules 7-12 and 10-1 of the United States District Court for the

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Northern District of California, the Parties to the above entitled action, HAROLD

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VILLANUEVA (“Plaintiff”) and MORPHO DETECTION, LLC (“Defendant”) (collectively

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referred to as the “Parties”), by and through their undersigned counsel, enter into the following

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Stipulation:

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WHEREAS, Plaintiff seeks to file a Third Amended Complaint (a copy of which is
attached as Exhibit A), with the Court;
WHEREAS, the Third Amended Complaint differs from the Second Amended Complaint
in the following respects:
a) Plaintiff adds additional causes of action under California Labor Code §§ 201 et seq.,
and the Federal Fair Labor Standards Act (FLSA).

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b) Plaintiff clarifies the class definition.

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c) Minor spelling and grammatical errors are corrected.

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WHEREAS, Defendant does not oppose the filing of this proposed Third Amended

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Complaint.

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NOW THEREFORE, the Parties stipulate as follows:

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1.

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Plaintiff may have leave to file a Third Amended Complaint a copy of which is

attached hereto as Exhibit “A.”
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The Third Amended Complaint attached hereto shall be and hereby is deemed

filed and served on all Parties as of the date of the Court's Order on this Stipulation.
3.

Defendant does not need to file a response to Plaintiff s Third Amended

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Complaint, and Defendant’s Answer to Plaintiff’s Second Amended Complaint shall be deemed

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to be the response to the Third Amended Complaint.

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4.

The fact that Defendant has stipulated to the foregoing is not intended to be, and

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should not be construed as, an admission by Defendant that it accepts, concedes, or admits the

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allegations asserted in the Third Amended Complaint. Despite this Stipulation, Defendant

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retains all rights and defenses available to it in response to the allegations, claims and matters

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asserted in the Third Amended Complaint.
-2JOINT STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE TAC

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IT IS SO STIPULATED.

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DATED: April 13, 2015

MORGAN, LEWIS & BOCKIUS LLC

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/s/ Michael Schlemmer
By

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Melinda Riechert
Michael Schlemmer

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Attorneys for Defendant
MORPHO DETECTION, LLC

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HOFFMAN EMPLOYMENT LAWYERS
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DATED: April 14, 2015

/s/ Leonard Emma
BY
Michael Hoffman
Leonard Emma

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Attorneys for Plaintiffs
HAROLD VILLANUEVA et al.

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Attestation

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Pursuant to Northern District L.R. 5-1(i)(3) regarding signatures, I, Leonard Emma, attest

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that concurrence in the filing of this document has been obtained from each of the other

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signatories. I declare under penalty of perjury under the laws of the United States of America

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that the foregoing is true and correct.

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-3JOINT STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE TAC

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HOFFMAN EMPLOYMENT LAWYERS
DATED: April 14, 2015

/s/ Leonard Emma
BY

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Michael Hoffman
Leonard Emma

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Attorneys for Plaintiffs
HAROLD VILLANUEVA et al.

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PURSUANT TO STIPULATION, IT IS ORDERED AS FOLLOWS:

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Plaintiff is granted leave to file a Third Amended Complaint. The Third Amended

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Complaint attached to the Parties’ Stipulation for Leave to File a Third Amended Complaint

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shall be and hereby is deemed filed and served on all Parties as of the date the Court enters the

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Order granting the JOINT STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE

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THIRD AMENDED COMPLAINT. Defendant’s Answer to Plaintiff’s Second Amended

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Complaint shall be deemed to be the response to the Third Amended Complaint.

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Dated: _________________
4/16/2015

____________________________________
United States District Judge

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-4JOINT STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE TAC