Hernandez v. Baker Concrete Construction, Inc.

Filing 29

ORDER by Judge Haywood S. Gilliam, Jr. Granting 27 Stipulation for Leave to File First Amended Complaint.Amended Pleadings due by 12/17/2018. (ndrS, COURT STAFF) (Filed on 12/17/2018)

1 BRYAN J. MCCORMACK (SBN 192418)

[e-mail]

2 MCCORMACK & ERLICH, LLP

150 Post Street, Suite 742

3 San Francisco, CA 94108

Telephone: [phone]

4 Facsimile: [phone]
5 Attorneys for Plaintiff
6

JAMES HERNANDEZ
CRAIG D. NICKERSON (SBN: 215067)

7 [e-mail]

MARSHALL R. LURTZ (SBN: 296254)

8 [e-mail]

GORDON REES SCULLY MANSUKHANI, LLP

9 633 West Fifth Street, 52nd Floor

Los Angeles, CA 90071

10 Telephone: [phone]
11

Facsimile: [phone]
Attorneys for Defendant

12 BAKER CONCRETE CONSTRUCTION, INC.
13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

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16 JAMES HERNANDEZ

CASE NO.: 4:18-cv-03226-HSG

17

Assigned to Hon. Judge Haywood S.
Gilliam, Jr.

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Plaintiff,
v.

19 BAKER CONCRETE

CONSTRUCTION, INC., a Ohio

20 Corporation,
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Defendants.

STIPULATION FOR LEAVE TO
FILE FIRST AMENDED
COMPLAINT; [PROPOSED]
ORDER
Complaint Filed: May 30, 2018

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STIPULATION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT; [PROPOSED]
ORDER
Case No. 4:18-cv-03226-HSG

1

The parties, Plaintiff James Hernandez (“Plaintiff) and Defendant Baker Concrete

2 Construction, Inc. (“Defendant”), hereby stipulate to allow Plaintiff to file its First Amended
3 Complaint, which is attached hereto and lodged herewith as Exhibit A (“First Amended
4 Complaint”).
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WHEREAS, Plaintiff represents that the proposed First Amended Complaint arises out of

6 the same transaction or series of transactions as Plaintiff’s claims already at issue in this action;
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WHEREAS, Plaintiff represents that he has recently discovered new information that

8 forms the basis of the First Amended Complaint action and is acting in good faith in bringing the
9 proposed First Amended Complaint. Based on such, he has eliminated two causes of actions,
10 added three new causes of action, and added one defendant to the First Amended Complaint;
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WHEREAS, Defendant does not oppose the filing of the proposed First Amended

12 Complaint as a procedural matter pursuant to this Stipulation, with the understanding and on the
13 basis that Defendant’s stipulation in this regard is without waiver of, or prejudice to, its rights,
14 defenses or positions in this action;
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WHEREAS, Defendant will not be unduly prejudiced by the filing of the proposed First

16 Amended Complaint;
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THEREFORE, subject to the approval of this Court, the Parties hereby stipulate and agree

18 as follows:
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1. Defendant shall be granted leave to file the First Amended Complaint;

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2. The First Amended Complaint shall be deemed filed and personally served on

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Defendants as of the date that this Stipulation is approved by the Court; and
3. Any responsive pleading to the First Amended Complaint shall be filed and served
within thirty (30) days after this Stipulation has been approved by the Court.

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STIPULATION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT; [PROPOSED]
ORDER
Case No. 4:18-cv-03226-HSG

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IT IS SO STIPULATED.

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3 Dated: December 5, 2018

GORDON REES SCULLY MANSUKHANI

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By: /s/ Craig D. Nickerson
Craig D. Nickerson
Marshall R. Lurtz
Attorneys for Defendant
Baker Concrete Construction, Inc.

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9 Dated: December 5, 2018

McCormack and Erlich, LLP

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By: /s/ Bryan J. McCormack
Bryan J. McCormack
Attorney for Plaintiff
James Hernandez

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17 PURSUANT TO STIPULATION, IT IS SO ORDERED.except the Plaintiff is directed
18 to e-file the first amended complaint on the docket by the close of business today, December 17th.
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20 Dated: 12/17/2018
21

Hon. Judge Haywood S. Gilliam, Jr.

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STIPULATION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT; [PROPOSED]
ORDER
Case No. 4:18-cv-03226-HSG