Cruz v. Sky Chefs, Inc. et al

Filing 71

Order by Magistrate Judge Donna M. Ryu granting 69 Stipulation. Plaintiff Cesar Cruz is granted leave to file his Third Amended Complaint. The Third Amended Complaint is deemed served on the date this order is signed. (dmrlc2, COURT STAFF) (Filed on 11/13/2013)

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Case4:12-cv-02705-DMR Document69-1 Filed11/12/13 Page1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 CESAR CRUZ, on behalf of himself and others Case No.: C-12-02705-DMR similarly situated CLASS ACTION 12 PLAINTIFF, 13 14 15 16 17 [PROPOSED] ORDER GRANTING PLAINTIFF LEAVE TO FILE A THE THIRD AMENDED COMPLAINT AND EXTENSION OF DEFENDANT’S TIME TO RESPOND vs. SKY CHEFS, INC., a corporation; and DOES 1 to 100, Inclusive. Assigned for all purposes to Donna M. Ryu, United States Magistrate Judge DEFENDANTS. 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER GRANTING PLAINTIFF LEAVE TO FILE A THE THIRD AMENDED COMPLAINT AND EXTENSION OF DEFENDANT’S TIME TO RESPOND, C-12-02705-DMR 1 Case4:12-cv-02705-DMR Document69-1 Filed11/12/13 Page2 of 2 ORDER 1 The Stipulation of the parties to grant leave to Plaintiff to file a Third Amended Complaint, 2 3 having been filed, and good cause appearing therefore; IT IS HEREBY ORDERED that: 4 5 1. That Plaintiff Cesar Cruz is granted leave to file his Third Amended Complaint; 6 2. The Third Amended Complaint is deemed served on the date this order is signed; and 7 3. Defendant Sky Chefs, Inc. shall not be required to answer the amended complaint during the 8 pendency of the approval process for class action settlement of this action which is set for a motion 9 for preliminary approval on December 18, 2013, and shall be required to respond to the Third 10 Amended Complaint within thirty (30) days of either of the following events: (1) an order denying 11 approval of the settlement; or (2) Defendant providing notice that Defendant Sky Chefs, Inc. is 12 exercising its Right to Withdraw from the settlement agreement as set forth in the Stipulation and 13 Settlement Agreement. 14 15 IT IS SO ORDERED. 16 17 November 13, 2013 Dated: ___________________________ UNITED STATES MAGISTRATE JUDGE DONNA M. RYU 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER GRANTING PLAINTIFF LEAVE TO FILE A THE THIRD AMENDED COMPLAINT AND EXTENSION OF DEFENDANT’S TIME TO RESPOND, C-12-02705-DMR 2

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