Young v. Novartis Pharmaceuticals Corporation

Filing 26

STIPULATION AND ORDER re 25 STIPULATION WITH PROPOSED ORDER to Permit Plaintiff to File A First Amended Complaint filed by Chantae Young. Signed by Judge Edward M. Chen on 8/23/17. (bpfS, COURT STAFF) (Filed on 8/23/2017)

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Edwin Aiwazian (Cal. State Bar No. 232943)
[e-mail]
Arby Aiwazian (Cal. State Bar No. 269827)
[e-mail]
Jill J. Parker (Cal. State Bar No. 274230)
[e-mail]
LAWYERS for JUSTICE, PC
410 West Arden Avenue, Suite 203
Glendale, California 91203
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

410 West Arden Avenue, Suite 203
Glendale, California 91203

LAWYERS for JUSTICE, PC

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NORTHERN DISTRICT OF CALIFORNIA

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CHANTAE YOUNG, individually, and on
behalf of other members of the general public
similarly situated;
Plaintiff,

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vs.
NOVARTIS PHARMACEUTICALS
CORPORATION, an unknown business entity;
and DOES 1 through 100, inclusive,
Defendants.

Case No.: 3:17-cv-04390-EMC
Honorable Edward M. Chen
STIPULATION TO PERMIT PLAINTIFF
TO FILE A FIRST AMENDED
COMPLAINT AND [PROPOSED]
ORDER
Complaint Filed:
Trial Date:

June 23, 2017
Not Set

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STIPULATION TO PERMIT PLAINTIFF TO FILE A FIRST AMENDED COMPLAINT

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IT IS HEREBY STIPULATED by and between Plaintiff Chantae Young (“Plaintiff”),

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by and through her counsel of record, and Defendant Novartis Pharmaceuticals Corporation

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(“Defendant”), by and through its counsel of record, as follows:

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WHEREAS, on June 23, 2017, Plaintiff, individually, and on behalf of other members of

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the public similarly situated, filed a wage and hour class action lawsuit in the Superior Court of

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California, County of San Mateo against Defendant;
WHEREAS, on August 2, 2017, Defendant removed this case to the United States

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District Court for the Northern District of California;

intention to file a motion to dismiss Plaintiff’s complaint pursuant to Federal Rule of Civil

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410 West Arden Avenue, Suite 203
Glendale, California 91203

WHEREAS, on August 16, 2017, the parties met and conferred regarding Defendant’s

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LAWYERS for JUSTICE, PC

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Procedure (“Rule”) 12(b)(6);
WHEREAS, Plaintiff agreed to amend her Complaint to attempt to address Defendant’s

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concerns and avoid motion practice;

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WHEREAS, while Defendant is reviewing, and continues to have concerns regarding,

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certain aspects of the proposed amended complaint, Defendant has agreed not to object to

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Plaintiff’s filing of the same, subject to its reservation of rights to answer or to otherwise respond

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(including, but not limited to, the filing of a motion under Rule 12(b), (e), or (f)) to the amended

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complaint; and
WHEREAS, a copy of Plaintiff’s “[Proposed] First Amended Class Action Complaint

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for Damages” is attached hereto as Exhibit A;

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Now, therefore the parties agree and stipulate pursuant to Federal Rule of Civil Procedure

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15(a)(2) to the filing of the attached Plaintiff’s First Amended Class Action Complaint, subject

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to Defendant’s reservation of rights to answer or to otherwise respond (including, but not limited

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to, the filing of a motion under Rule 12(b), (e), or (f)) to the proposed amended complaint.

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STIPULATION TO PERMIT PLAINTIFF TO FILE A FIRST AMENDED COMPLAINT

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Respectfully submitted,
Date: August 23, 2017

LAWYERS for JUSTICE, PC

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BY: /s/ Jill J. Parker
Jill J. Parker
Attorneys for Plaintiffs

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Date: August 23, 2017

MCDERMOTT WILL & EMERY LLP

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BY: /s/ A. Marisa Chun
A. Marisa Chun

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Attorneys for Defendant

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Pursuant to Local Rule 5-1, the filer attests that all other signatories listed, and on whose
behalf the filing is submitted, concur in the filing’s content and have authorized the filing.

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**************

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[PROPOSED] ORDER

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Action Complaint for Damages.”
IT IS SO ORDERED.

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dward
Judge E

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_____________________________
ED
Honorable EdwardRDER
S SO O M. Chen
I
I States District Judge
UnitedT

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8/23/17
Dated: _____________

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S DISTRICT
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Plaintiff Chantae Young is granted leave to file her“[Proposed] First Amended Class

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M. Che

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Amended Complaint, and good cause having been shown, it is hereby ordered:

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The Court, having considered the Parties’ Stipulation to Permit Plaintiff to File a First

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UNIT
ED

410 West Arden Avenue, Suite 203
Glendale, California 91203

LAWYERS for JUSTICE, PC

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STIPULATION TO PERMIT PLAINTIFF TO FILE A FIRST AMENDED COMPLAINT