Cardinalli et al v. Wireless Lifestyle, Inc.
Filing
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ORDER by Judge Haywood S. Gilliam, Jr. Granting 29 Stipulation for Leave to File Second Amended Complaint.(ndrS, COURT STAFF) (Filed on 3/14/2016)
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STEVEN G. ZIEFF (SBN: 84222)
JOHN T. MULLAN (SBN: 221149)
MICHELLE G. LEE (SBN: 266167)
RUDY, EXELROD, ZIEFF & LOWE, LLP
351 California Street, Suite 700
San Francisco, CA 94104
Telephone: (415) 434-9800
Facsimile: (415) 434-0513
Email: sgz@rezlaw.com
Email: jtm@rezlaw.com
Email: mgl@rezlaw.com
Attorneys for Plaintiffs
DAMON CARDINALLI, et al.
LONNIE D. GIAMELA (SBN: 228435)
lgiamela@laborlawyers.com
SHAUN J. VOIGT (SBN: 265721)
svoigt@laborlawyers.com
FISHER & PHILLIPS LLP
2050 Main Street, Suite 1000
Irvine, California 92614
Telephone: (949) 851-2424
Facsimile: (949) 851-0152
Attorneys for Defendant
WIRELESS LIFESTYLE, INC.
UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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DAMON CARDINALLI, ROBERT
CRANDALL, RENE FRAGOSO, DANIEL
GUERRERO, NISHELL JOHNSON, DAISY
LARIOS, SHANNON LAW, PAULINE
MARTINEZ, JEFFREY MONROY, SENG
SAEPHAN, MICHAEL SANTOS, SARAH
SCOTT, ERNESTO SEGOVIA, ROBERT
RAMIREZ, NICKOLAS ROSS, and STEVEN
GIRARD, as individuals and in their
representative capacity,
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Case No. 3:15-cv-05268-HSG
JOINT STIPULATION AND ORDER
FOR LEAVE TO FILE SECOND
AMENDED COMPLAINT
Plaintiffs,
v.
WIRELESS LIFESTYLE, INC., a corporation,
and WIRELESS LIFESTYLE, LLC, a limited
liability company,
Defendants.
/
Complaint Filed: November 17, 2015
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JOINT STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
CASE NO. 3:15-CV-05268-HSG
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Plaintiffs Damon Cardinalli, Robert Crandall, Rene Fragoso, Daniel Guerrero, Nishell
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Johnson, Daisy Larios, Shannon Law, Pauline Martinez, Jeffrey Monroy, Seng Saephan, Michael
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Santos, Sarah Scott, Ernesto Segovia, Robert Ramirez, Nickolas Ross, and Steven Girard
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(“Plaintiffs”), and Defendants Wireless Lifestyle, Inc. and Wireless Lifestyle, LLC
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(“Defendants”), by and through their attorneys of record, hereby stipulate and agree as follows:
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WHEREAS, Plaintiffs filed their initial complaint on November 15, 2015;
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WHEREAS, the parties stipulated on January 6, 2016, to Plaintiffs filing a First Amended
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Complaint primarily for purposes of alleging exhaustion of the administrative requirements
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pursuant to the Private Attorneys General Act (“PAGA”), which stipulation was granted by order
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dated January 13, 2016;
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WHEREAS, Plaintiffs seek to add an additional Plaintiff, Steven Girard, to pursue claims
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for unfair business practices under California Business and Professionals Code Section 17200
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based on unpaid overtime and meal break violations and unreimbursed business expenses, which
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claims are already set forth in the First Amended Complaint and are substantially the same as the
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other Plaintiffs’ claims for unfair business practices under California Business and Professionals
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Code Section 17200;
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WHEREAS, Plaintiffs also seek to add an additional Defendant, Wireless Lifestyle, LLC;
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WHEREAS, the first Case Management Conference was held on March 1, 2016, where
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the parties discussed their plan to mediate the case on May 4;
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WHEREAS no deadlines or trial date have yet been established in this case;
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The Parties, through their undersigned representative counsel of record, hereby stipulate that
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Plaintiffs shall have leave to file a Second Amended Complaint in this lawsuit primarily for
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JOINT STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
CASE NO. 3:15-CV-05268-HSG
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purposes of adding Plaint Steven Girard and D
p
a
tiff
G
Defendant W
Wireless Lifes
style, LLC. A copy of
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th Proposed Second Am
he
d
mended Comp
plaint is atta
ached hereto as Exhibit A
o
A.
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ully
ed,
Respectfu submitte
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Dated: March 10, 2016
D
h
/s/ Lonnie D. Giamela
e
a
LON
NNIE D. GI
IAMELA
SHA
AUN J. VOI
IGT
FIS
SHER & PHI
ILLIPS LLP
P
Atto
orneys for D
Defendant
WIR
RELESS LIF
FESTYLE, INC.
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Dated: March 10, 2016
D
h
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/s/ Steven G. Zieff
STE
EVEN G. ZI
IEFF
JOH T. MUL
HN
LLAN
MIC
CHELLE G. LEE
.
RU
UDY EXELR
ROD ZIEFF & LOWE L
LLP
Atto
orneys for P
Plaintiffs
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ESTATION
N
ECF ATTE
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Pursu to Civil L.R. 5-1(i)(3 the filer a
uant
3),
attests that c
concurrence in the filing of this
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document has been obtain from each of the oth signatori thereto.
d
ned
her
ies
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ORD
DER
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SUANT TO STIPULATION, IT I S SO ORDE
O
ERED.
PURS
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Dated:
D
Ma
arch 14, 2016
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HO HAYWO
ON.
OOD S. GIL
LLIAM, JR.
Uni
ited States D
District Cour
rt
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2
JOINT STIPUL
LATION AND [PROPOSED ORDER FOR LEAVE TO FILE SECON AMENDED COMPLAIN
D
D]
R
ND
D
NT
CA NO. 3:15-CV-05268-HSG
ASE
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