Opinion
CV 23-09600-DMG (AJRx)
01-26-2024
JONATHAN D. HENDRIX, on behalf of himself and all others similarly situated, Plaintiffs, v. TRADESMEN INTERNATIONAL, LLC, a Delaware limited liability company; W.G. YATES & SONS CONSTRUCTION COMPANY, a Mississippi corporation; and DOES 1 through 100, Inclusive, Defendants.
Complaint Filed: September 20, 2023
Complaint Served: October 12, 2023
Current Response Dated: January 24, 2024
New Response Dated: March 14, 2024
Removed from Los Angeles County Superior Court (Case No. 23STCV22804)
ORDER DISMISSING CLASS ALLEGATIONS, WITHOUT PREJUDICE, ALLOWING PLAINTIFF TO AMEND COMPLAINT TO ADD PAGA, REMANDING THE ACTION TO STATE COURT AND GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT
DOLLY M GEE UNITED STATES DISTRICT JUDGE
Pursuant to the Parties' Stipulation to Extend Time to Respond to the Initial Complaint, filed on January 24, 2024, the Court orders that Plaintiff Jonathan D. Hendrix's class claims in the Complaint are dismissed without prejudice. Within five court days of the date of this Order, Plaintiff may file an Amended Complaint to add a cause of action under PAGA. Upon filing of the Amended Complaint, this action will be remanded to State Court, and Tradesmen's and Yates' deadline to answer or otherwise respond to the Complaint is extended from January 24, 2024 to March 14, 2024.
In the future, the parties shall avoid submitting requests for continuance less than five court days prior to the expiration of the scheduled date. See Initial Standing Order at 11 [Doc. # 13]; Judge Gee's Procedures and Schedules at ¶ 7, United States District Court, Central District of California website.
IT IS SO ORDERED.