Cardinalli et al v. Wireless Lifestyle, Inc.

Filing 30

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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 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 16 NORTHERN DISTRICT OF CALIFORNIA 17 SAN FRANCISCO DIVISION 18 19 20 21 22 23 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, 24 25 26 27 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 28 JOINT STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE SECOND AMENDED COMPLAINT CASE NO. 3:15-CV-05268-HSG 1 Plaintiffs Damon Cardinalli, Robert Crandall, Rene Fragoso, Daniel Guerrero, Nishell 2 Johnson, Daisy Larios, Shannon Law, Pauline Martinez, Jeffrey Monroy, Seng Saephan, Michael 3 Santos, Sarah Scott, Ernesto Segovia, Robert Ramirez, Nickolas Ross, and Steven Girard 4 (“Plaintiffs”), and Defendants Wireless Lifestyle, Inc. and Wireless Lifestyle, LLC 5 (“Defendants”), by and through their attorneys of record, hereby stipulate and agree as follows: 6 WHEREAS, Plaintiffs filed their initial complaint on November 15, 2015; 7 WHEREAS, the parties stipulated on January 6, 2016, to Plaintiffs filing a First Amended 8 Complaint primarily for purposes of alleging exhaustion of the administrative requirements 9 pursuant to the Private Attorneys General Act (“PAGA”), which stipulation was granted by order 10 dated January 13, 2016; 11 WHEREAS, Plaintiffs seek to add an additional Plaintiff, Steven Girard, to pursue claims 12 for unfair business practices under California Business and Professionals Code Section 17200 13 based on unpaid overtime and meal break violations and unreimbursed business expenses, which 14 claims are already set forth in the First Amended Complaint and are substantially the same as the 15 other Plaintiffs’ claims for unfair business practices under California Business and Professionals 16 Code Section 17200; 17 WHEREAS, Plaintiffs also seek to add an additional Defendant, Wireless Lifestyle, LLC; 18 WHEREAS, the first Case Management Conference was held on March 1, 2016, where 19 the parties discussed their plan to mediate the case on May 4; 20 WHEREAS no deadlines or trial date have yet been established in this case; 21 The Parties, through their undersigned representative counsel of record, hereby stipulate that 22 Plaintiffs shall have leave to file a Second Amended Complaint in this lawsuit primarily for 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 JOINT STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE SECOND AMENDED COMPLAINT CASE NO. 3:15-CV-05268-HSG 1 purposes of adding Plaint Steven Girard and D p a tiff G Defendant W Wireless Lifes style, LLC. A copy of 2 th Proposed Second Am he d mended Comp plaint is atta ached hereto as Exhibit A o A. 3 ully ed, Respectfu submitte 4 5 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. 6 7 8 9 Dated: March 10, 2016 D h 10 11 12 /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 13 14 ESTATION N ECF ATTE 15 Pursu to Civil L.R. 5-1(i)(3 the filer a uant 3), attests that c concurrence in the filing of this 16 document has been obtain from each of the oth signatori thereto. d ned her ies 17 18 ORD DER 19 20 SUANT TO STIPULATION, IT I S SO ORDE O ERED. PURS 21 22 23 Dated: D Ma arch 14, 2016 6 HO HAYWO ON. OOD S. GIL LLIAM, JR. Uni ited States D District Cour rt 24 25 26 27 28 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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