Li v. A Perfect Day Franchise, Inc

Filing 178

ORDER Granting Leave to File Amended Complaint. Signed by Judge Lucy H. Koh on 4/12/2011. (lhklc2, COURT STAFF) (Filed on 4/12/2011)

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ADAM WANG, (SBN 201233)
([e-mail])
LAW OFFICES OF ADAM WANG
12 S. First Street, Suite 708
San Jose, CA 95113
Telephone: [phone]
Facsimile: [phone]
WHITNEY HUSTON (SBN 234863)
([e-mail])
THE STURDEVANT LAW FIRM
A Professional Corporation
354 Pine Street, Fourth Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]

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MONIQUE OLIVIER (SBN 190385)
([e-mail])
DUCKWORTH PETERS LEBOWITZ OLIVIER LLP
100 Bush Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs and the Putative Class

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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GUIFU LI, MENG WANG, FANG DAI,
LIN CUI, and ZHONG YU on behalf of
themselves and all others similarly situated,
Plaintiffs,

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vs.

Case No. CV 10-01189 LHK (PSG)
CLASS ACTION
STIPULATION AND [PROPOSED] ORDER TO
FILE SECOND AMENDED COMPLAINT
PURSUANT TO FED. R. CIV. P. 15(a)(2)

A PERFECT DAY FRANCHISE, INC., a
California corporation; et al.,
Defendants.
Complaint Filed: March 22, 2010

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STIPULATION AND [PROPOSED] ORDER TO FILE SECOND AMENDED COMPLAINT PURSUANT TO FED. R.
CIV. P. 15(A)(2); CASE NO. CV 10-01189 LHK (PSG)

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WHEREAS the initial Complaint in this action was filed on March 22, 2010. (Dkt. 1.)

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WHEREAS the First Amended Complaint was filed on May 12, 2010. (Dkt. 6.)

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WHEREAS Plaintiffs Guifu Li, Meng Wang1, Fang Dai, Lin Cui, and Zhong Yu, on behalf

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of themselves and all others similarly situated, (“Plaintiffs”) have discovered new information

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concerning the true name of Defendant Jesse Doe, the identity of additional defendants, and

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Plaintiffs have exhausted all administrative remedies under California Labor Code § 2699.3.

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WHEREAS Plaintiffs have therefore determined that the Complaint should be amended.

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WHEREAS Defendants A Perfect Day Franchise, Inc., Minjian Hand Healing Institute, Inc.,

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Tom Schriner, Tailiang Li, and Jin Qui (“Defendants”) have consented, pursuant to Fed. R. Civ. P.
15(a)(2), to Plaintiffs amending their Complaint.
IT IS HEREBY STIPULATED by and between the parties hereto, pursuant to Fed. R. Civ. P.

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15(a)(2), that Defendants consent to Plaintiffs filing their Second Amended Complaint, a copy of

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which is attached hereto as Exhibit A.

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IT IS FURTHER STIPULATED that Plaintiffs will file the Second Amended Complaint
separately the same date this Stipulation and Order is signed.
IT IS FURTHER STIPULATED that Defendants are deemed served with a copy of the

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Second Amended Complaint as of the date of its filing and that Defendants will file a responsive

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pleading no later than 21 days after the Second Amended Complaint is filed.

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Dated: April 8, 2011

LAW OFFICES OF ADAM WANG

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THE STURDEVANT LAW FIRM
A Professional Corporation

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DUCKWORTH PETERS LEBOWITZ OLIVIER LLP

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By:

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/s/ Whitney Huston
Whitney Huston
Attorneys for Plaintiffs and the Putative Class

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Meng Yang was erroneously named in the First Amended Complaint as Meng Wang.

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STIPULATION AND [PROPOSED] ORDER TO FILE SECOND AMENDED COMPLAINT PURSUANT TO FED. R.
CIV. P. 15(A)(2); CASE NO. CV 10-01189 LHK (PSG)

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Dated: April 8, 2011

LAW OFFICES OF RICHARD C.J. WAHNG

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By:

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/s/ Lee Sheldon
Richard C.J. Wahng
Lee Edwin Sheldon
Attorneys for Defendants A Perfect Day Franchise,
Inc., Minjian Hand Healing Institute, Inc., Jin Qui
and Tailiang Li

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Dated: April 8, 2011

MULEY LAW FIRM

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By:

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/s/ Theresa Muley
Theresa Muley
Attorneys for Defendant Tom Schriner

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[PROPOSED] ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED:

April 12, 2011
Honorable Lucy H. Koh
UNITED STATES DISTRICT COURT JUDGE

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ATTESTATION

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I, Whitney Huston, am the ECF user whose ID and password are being used to file this

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STIPULATION AND [PROPOSED] ORDER TO FILE SECOND AMENDED COMPLAINT

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PURSUANT TO FED. R. CIV. P. 15(a)(2). In compliance with General Order 45, I hereby attest

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that Lee Edwin Sheldon, counsel for Defendants A Perfect Day Franchise, Inc., Minjian Hand

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Healing Institute, Inc., Jin Qui and Tailiang Li, and Theresa Muley, counsel for Defendant Tom

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Schriner have concurred in this filing.

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Dated: April 8, 2011

By:

/s Whitney Huston
Whitney Huston
Attorneys for Plaintiffs and the Putative Class

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2

STIPULATION AND [PROPOSED] ORDER TO FILE SECOND AMENDED COMPLAINT PURSUANT TO FED. R.
CIV. P. 15(A)(2); CASE NO. CV 10-01189 LHK (PSG)