Moore v. Urban Outfitters Wholesale, Inc.

Filing 119

ORDER GRANTING 118 Stipulation Permitting Plaintiff To File First Amended Complaint and Taking Off Calendar Plaintiff's Pending Motion For Leave to Amend. Signed by Judge Jeffrey S. White on 8/5/15. (jjoS, COURT STAFF) (Filed on 8/5/2015)

Case4:13-cv-02245-JSW Document118 Filed08/05/15 Page1 of 3

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Raul Perez (SBN 174687)
[e-mail]
Melissa Grant (SBN 205633)
[e-mail]
Arnab Banerjee (SBN 252618)
[e-mail]
Suzy E. Lee (SBN 271120)
[e-mail]
CAPSTONE LAW APC
1840 Century Park East, Suite 450
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Alexander Moore
Cheryl D. Orr (SBN 143196)
[e-mail]
Jaime D. Walter (SBN 281066)
[e-mail]
DRINKER BIDDLE & REATH LLP
50 Fremont Street, 20th Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant Urban Outfitters Wholesale, Inc.
d/b/a Anthropologie

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION

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ALEXANDER MOORE, individually,
and on behalf of other members of the
general public similarly situated,
Plaintiff,

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vs.

Case No.: CV 13-2245-JSW
Related Case Nos.: 13-cv-02628-JSW;
13-cv-03184-JSW; 14-cv-00024-JSW;
14-cv-01580-JSW; 14-002601-JSW
[Assigned to Hon. Jeffrey S. White]

URBAN OUTFITTERS WHOLESALE,
INC., D/B/A ANTHROPOLOGIE, a
Pennsylvania corporation; and DOES 1
through 10, inclusive,
Defendants.

STIPULATION PERMITTING
PLAINTIFF TO FILE FIRST
AMENDED COMPLAINT AND
TAKING OFF CALENDAR
PLAINTIFF’S PENDING MOTION
FOR LEAVE TO AMEND
AND ORDER THEREON

Hearing on Plaintiff’s Motion for Leave
Date:
August 7, 2015
Time:
9:00 a.m.
Place:
Courtroom 5
Complaint Filed:
Removed:

June 4, 2013
August 2, 2013

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STIPULATION PERMITTING PLAINTIFF TO FILE FIRST AMENDED COMPLAINT AND TAKING OFF CALENDAR
PLAINTIFF’S PENDING MOTION FOR LEAVE TO AMEND

Case4:13-cv-02245-JSW Document118 Filed08/05/15 Page2 of 3

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Plaintiff Alexander Moore and Defendant Urban Outfitters Wholesale, Inc.

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d/b/a Anthropologie (collectively, the “Parties”), by and through their respective counsel

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of record, stipulate and agree as follows:

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WHEREAS, on June 23, 2015, Plaintiff filed his Motion for Leave to File First

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Amended Complaint (“Motion for Leave”), seeking to add an additional plaintiff to the

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action, a claim under the Private Attorneys General Act of 2004, Cal. Labor Code

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sections 2698, et seq. (“PAGA”), a claim for forfeiture of vacation pay, and other

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amendments to clarify his claims;

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WHEREAS, Plaintiff’s Motion for Leave is fully briefed and scheduled to be
heard on August 7, 2015;
WHEREAS, on July 31, 2015, the Parties reached a tentative settlement that
was put on the record;

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WHEREAS, in the interest of judicial efficiency and economy of resources and

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in light of having reached a tentative settlement, the Parties hereby STIPULATE AND

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AGREE and respectfully request that Plaintiff be permitted to file his First Amended

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Complaint.1 The Parties also STIPULATE and AGREE and respectfully request that

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Defendant’s deadline to respond to the First Amended Complaint be stayed in light of

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the pending settlement. The Parties further STIPULATE and AGREE and

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respectfully request that the August 7, 2015 hearing on Plaintiff’s Motion for Leave be

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taken off calendar.

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IT IS SO STIPULATED.

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Doc. 114–1, Exh. A (First Amended Class Action Complaint & Enforcement
Under the Private Attorneys General Act, California Labor Code §§ Et. Seq.).
Page 1
STIPULATION PERMITTING PLAINTIFF TO FILE FIRST AMENDED COMPLAINT AND TAKING OFF CALENDAR
PLAINTIFF’S PENDING MOTION FOR LEAVE TO AMEND
CASE NO. 13-CV-02245-JSW

Case4:13-cv-02245-JSW Document118 Filed08/05/15 Page3 of 3

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Dated: August 5, 2015

Respectfully submitted,
Capstone Law APC

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By: /s/ Raul Perez
Raul Perez
Melissa Grant
Arnab Banerjee
Suzy E. Lee

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Attorneys for Plaintiff Alexander Moore

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Dated: August 5, 2015

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Respectfully submitted,
DRINKER BIDDLE & REATH LLP

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By: /s/ Jaime D. Walter
Cheryl D. Orr
Jaime D. Walter

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Attorneys for Defendant Urban Outfitters
Wholesale, Inc. d/b/a Anthropologie

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Attestation Pursuant to Local Rule 5.1(i)

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Pursuant to Local Rule 5.1(i), I, Jaime D. Walter, hereby attest that I have obtained
concurrence in the filing of this document from all other signatories to this document.

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I declare under penalty of perjury under the law of the United States of America that the
foregoing is true and correct. Executed on August 5, 2015, in San Francisco, California.

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/s/ Jaime D. Walter
Jaime D. Walter

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:

August 5, 2015
THE HONORABLE JEFFREY S. WHITE

81856412.1

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Page 2
STIPULATION PERMITTING PLAINTIFF TO FILE FIRST AMENDED COMPLAINT AND TAKING OFF CALENDAR
PLAINTIFF’S PENDING MOTION FOR LEAVE TO AMEND
CASE NO. 13-CV-02245-JSW