Coppernoll v. Hamcor, Inc.

Filing 44

ORDER GRANTING LEAVE TO FILE AMENDED COMPLAINT (pursuant to 43 stipulation) by Hon. William Alsup. (whalc2, COURT STAFF) (Filed on 2/6/2017)

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1 2 3 4 5 6 7 8 9 10 11 HOYER & HICKS Richard A. Hoyer (SBN 151931) rhoyer@hoyerlaw.com Ryan L. Hicks (SBN 260284) rhicks@hoyerlaw.com 4 Embarcadero Center, Suite 1400 San Francisco, CA 94111 tel (415) 766-3539 fax (415) 276-1738 WALTER L. HAINES, ESQ. (SBN 71075) UNITED EMPLOYEES LAW GROUP, P.C. 5500 Bolsa Ave., Suite 201 Huntington Beach, CA 92649 Tel.: (562) 256-1047 Fax: (562) 256-1006 whaines@uelglaw.com Attorneys for Plaintiff WYATT COPPERNOLL UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 14 15 WYATT COPPERNOLL on behalf of all others similarly situated, Plaintiff, 16 17 18 19 vs. Case No. 3:16-cv-05936-WHA STIPULATION REQUESTING LEAVE TO FILE AMENDED COMPLAINT AND [PROPOSED] ORDER THEREON HAMCOR INC., Defendant, 20 21 22 23 24 WHEREAS, Plaintiff WYATT COPPERNOLL filed his Complaint in this Court on October 13, 2016 (ECF Doc. #1); STIPULATION REQUESTING LEAVE TO FILE AMENDED COMPLAINT 1 1 WHEREAS, in an effort to avoid burdening the Court with unnecessary motion 2 practice, Plaintiff has requested Defendant stipulate that Plaintiff be given leave to file his 3 Proposed First Amended Complaint (attached hereto as Exhibit 1) to add a claim asserting 4 violation of California Labor Code § 226.2, based on the same underlying allegations that 5 gave rise to his claim for unpaid wages; and 6 WHEREAS, upon leave being granted and the filing of Plaintiff’s Amended Complaint, 7 Defendant shall have 14 days after the filing of the First Amended Complaint to respond 8 thereto. 9 10 NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the parties that: 11 1. Plaintiff shall have leave to file the Amended Complaint attached hereto as Exhibit 12 1; 13 2. Upon Plaintiff filing the Amended Complaint (Exhibit 1), Defendant shall have 14 14 days after the filing of the Amended Complaint to file any response thereto; and 15 16 17 18 19 20 IT IS SO STIPULATED AND AGREED. Date: February 3, 2017 HOYER & HICKS /s/ Ryan L. Hicks Richard A. Hoyer Ryan L. Hicks Attorneys for Plaintiff WYATT COPPERNOLL 21 22 23 24 STIPULATION REQUESTING LEAVE TO FILE AMENDED COMPLAINT 2 1 Date: February 3, 2017 2 FINE, BOGGS, and PERKINS /s/ Roman Zhuk Roman Zhuk Attorneys for Defendant HAMCOR, INC. 3 4 5 6 7 8 9 10 11 12 13 [PROPOSED] ORDER Pursuant to the stipulation of the parties and good cause appearing therefore, the Court hereby Orders: 3. Plaintiff shall have leave to file the Amended Complaint attached to the parties’ stipulation as Exhibit 1; provided that it is filed as a separate ECF entry; 4. Defendant shall have 14 days after the filing of the Amended Complaint to file any responses thereto. IT IS ORDERED. 14 15 16 17 18 6 Date: February __, 2017 Hon. William H. Alsup United States District Judge 19 20 21 22 23 24 STIPULATION REQUESTING LEAVE TO FILE AMENDED COMPLAINT 3 1 ATTESTATION OF E-FILED SIGNATURE 2 I, Ryan L. Hicks, am the ECF User whose ID and password are being used to file 3 this Stipulation. I hereby attest that Roman Zhuk has read and approved this Stipulation 4 and consents to its filing in this action. 5 6 7 8 9 Date: February 3, 2017 HOYER & HICKS /s/ Ryan L. Hicks Richard A. Hoyer Ryan L. Hicks Attorney for Plaintiff WYATT COPPERNOLL 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STIPULATION REQUESTING LEAVE TO FILE AMENDED COMPLAINT 4

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