Opinion
LAW OFFICES OF MICHAEL TRACY, Michael L. Tracy, Esq., Irvine, CA, Attorneys for Plaintiff SCOTT CHRISTIAN.
SEYFARTH SHAW LLP, James D. McNairy, Michael G. Cross, Enedina S. Cardenas, Sacramento, California, SEYFARTH SHAW LLP, Francis J. Ortman, III, San Francisco, California, Attorneys for Defendant FURMANITE AMERICA, INCORPORATED.
STIPULATION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT AND ORDER
TROY L. NUNLEY, District Judge.
Plaintiff, SCOTT CHRISTIAN, and Defendant FURMANITE AMERICA, INCORPORATED stipulate to the following:
1. Plaintiff commenced this lawsuit on April 30, 2015.
2. This Court ordered that any amendment to pleadings requires leave of Court, good cause, having been shown. (Pretrial Scheduling Order, Document #10, Filed 7/19/15).
3. Good causes exists to file this amendment because Plaintiff is removing claims that are not valid. Plaintiff's counsel has investigated the claims and is removing claims which cannot be pursued in good faith. The removal of the claims from the formal pleading will clarify the allegations and allow the parties to focus their discovery on relevant issues.
4. Plaintiff has not previously filed an amended pleading.
5. Attached to this Stipulation is a copy of the proposed First Amended Complaint.
6. Plaintiff wishes to amend his complaint to clarify and narrow the allegations contained in the Complaint. Specifically, Plaintiff has dismissed his original First Cause of Action for failure to pay overtime compensation under California Industrial Welfare Commission Orders and California Labor Code, Third Cause of Action for failure to itemize wage statements under Labor Code § 226, and his Fifth Cause of Action for overtime pay and liquidated damages under 29 U.S.C. § 207 and § 216. The remaining three causes of action in the attached first amended complaint are:
First Cause of Action Failure to Provide Adequate Meal and Rest Periods under California Industrial Welfare Commission Orders and California Labor Code Section 512 Second Cause of Action Waiting Time Penalties Under Labor Code Section 203 Third Cause of Action Violations of California Business and Professions Code Section 17200
7. Defendant wishes to avoid the time and expense of requiring Plaintiff to file a motion for leave to file an amended complaint and stipulates that it will not oppose Plaintiff's request for leave to file a First Amended Complaint. However, Defendant reserves all rights and defenses to file the appropriate response to the First Amended Complaint.
8. The parties agree that any discovery related to the claims being dismissed will be stayed pending the Court approving the amendment. The parties will meet and confer on the appropriate discovery to be withdrawn if this Court approves the amendment.
9. The parties have agreed that Defendant will have 21 days from the filing of the First Amended Complaint to file a responsive pleading.
ORDER
It is ordered that the attached proposed first amended complaint is deemed filed as of the date of this order, and that defendant's response is due twenty-one (21) days hereafter.