Ludosky McCowen v. Trimac Transportation Services (Western), Inc.

Filing 53

STIPULATION AND ORDER Re Filing of First Amended Complaint. Signed by Judge Richard Seeborg on 1/25/16. (cl, COURT STAFF) (Filed on 1/25/2016)

6

MARLIN & SALTZMAN, LLP
Stanley D. Saltzman, Esq. (SBN 90058)
Christina A. Humphrey, Esq. (SBN 226326)
Leslie H. Joyner, Esq. (SBN 262705)
29229 Canwood Street, Suite 208
Agoura Hills, California 91301
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]

7

Attorneys for Plaintiffs

1
2
3
4
5

8
9
10
11
12
13
14
15
16
17
18
19
20

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
)
)
)
)
Plaintiffs,
)
v.
)
)
TRIMAC TRANSPORTATION SERVICES )
(WESTERN), INC., a Delaware corporation; an )
)
DOES 1 through 10, inclusive,
)
)
)
)
)
Defendants.
)
)
)
)
)
LODUSKY MCCOWEN, on behalf of
himself and all others similarly situated,

CASE NO. 14-CV-02694-RS
CLASS ACTION
JOINT STIPULATION AND [PROPOSED]
ORDER RE FILING OF FIRST AMENDED
COMPLAINT

21
22
23
24
25
26
27
28
1
JOINT STIPULATION AND ][PROPOSED] ORDER RE FILING OF FAC
Case No. 14-CV-02694-RS

1
2
3
4
5

RICHARD H. RAHM, Bar No. 130728
ANGELA J. RAFOTH, Bar No. 241966
LITTLER MENDELSON, P.C.
650 California Street, 20th Floor
San Francisco, CA 94108-2693
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

6
7

Attorneys for Defendant
TRIMAC TRANSPORTATION SERVICES (WESTERN), INC.

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
JOINT STIPULATION AND ][PROPOSED] ORDER RE FILING OF FAC
Case No. 14-CV-02694-RS

Plaintiff

1

LUDUSKY

MCCOWEN

(“Plaintiff”)

and

Defendant

TRIMAC

2

TRANSPORTATION SERVICES (WESTERN), INC. (“Defendant”), by and through their

3

undersigned attorneys of record, hereby stipulate as follows:

4

WHEREAS, on June 10, 2014, Plaintiff filed a putative class action Complaint against

5

Defendant alleging the following causes of action: (1) failure to pay minimum wages for all hours

6

worked; (2) failure to pay designated rates for all hours worked; (3) wages below the designated rate

7

for actual miles driven; (4) failure to provide meal periods; (5) failure to provide rest periods;

8

(6) failure to timely furnish accurate, itemized wage statements; (7) failure to pay all wades due at

9

time of termination of employment; (8) violation of California’s Unfair Competition Act (Bus. &

10

Prof. Code §§ 17200, et seq.); and (9) for civil penalties pursuant to the California Private Attorneys

11

General Act (Labor Code §§ 2698, et seq.);

12

WHEREAS on June 10, 2014, Plaintiff sent notice to the Labor Workforce Development

13

Agency (LWDA) of the violations alleged in the Complaint and the facts and theories which support

14

said alleged violations, along with a copy of the Complaint;

15

WHEREAS, Defendant filed its Answer on August 1, 2014;

16

WHEREAS, more than thirty-three days (33) calendar days have passed since Plaintiff gave

17

notice to the LWDA, but the LWDA has provided no notice that it intends to investigate the alleged

18

violations;

19

WHEREAS, Plaintiff now seeks to file a First Amended Complaint adding allegations that

20

the jurisdictional prerequisites to the maintenance of Plaintiff’s Ninth Cause of Action have been

21

satisfied;

22

WHEREAS, Defendant does not oppose the filing of the First Amended Complaint.

23

NOW, THEREFORE, it is hereby stipulated by the parties, through their respective counsel

24

of record, that Plaintiffs shall be granted leave to file the First Amended Complaint attached hereto

25

as Exhibit A.

26

///

27

///

28

///
3
JOINT STIPULATION AND ][PROPOSED] ORDER RE FILING OF FAC
Case No. 14-CV-02694-RS

1

IT IS SO STIPULATED.

2
3

DATED: January 22, 2016

MARLIN & SALTZMAN, LLP

4
By: /S/ Christina A. Humphrey
Stanley D. Saltzman, Esq.
Christina A. Humphrey, Esq.
Leslie H. Joyner, Esq.
Attorneys for Plaintiff

5
6
7
8
9

DATED: January 22, 2016

LITTLER MENDELSON, P.C.

10
By: /S/ Angela Rafoth
Richard H. Rahm, Esq.
Angela J. Rafoth, Esq.
Attorneys for Defendant

11
12
13
14

SIGNATURE ATTESTATION

15
16
17

In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this
document has been obtained from the signatories on this e-filed document.

18
19
20

DATED: January 22, 2016

Christina A. Humphrey
Christina A. Humphrey

21
22
23
24
25
26
27
28
4
JOINT STIPULATION AND ][PROPOSED] ORDER RE FILING OF FAC
Case No. 14-CV-02694-RS

[PROPOSED] ORDER

1
2

Upon consideration of the Stipulation to File First Amended Complaint filed by Plaintiff

3

LUDUSKY MCCOWEN (“Plaintiff”) and Defendant TRIMAC TRANSPORTATION SERVICES

4

(WESTERN), INC. (“Defendant”) (collectively, the “Parties”), and for good cause shown, the

5

Court hereby APPROVES the Parties’ stipulation and GRANTS Plaintiff leave to file his First

6

Amended Complaint.

7
8
9

DATED: _____________________
1/25/16

_____________________________________
Richard Seeborg
U.S. District Court Judge

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5
JOINT STIPULATION AND ][PROPOSED] ORDER RE FILING OF FAC
Case No. 14-CV-02694-RS