Opinion
1:21-cv-00986-NE-BAM
08-13-2021
BOBBY GRAYSON, III, individually, and on behalf of other members of the general public similarly situated and on behalf of other aggrieved employees pursuant to the California Private Attorneys General Act, Plaintiff, v. NUTRIEN, a Colorado corporation; NUTRIEN AG SOLUTIONS, INC., an unknown business entity; WESTERN FARM SERVICE, INC., an unknown business entity; and DOES 1 through 100, inclusive, Defendants.
Edwin Aiwazian, Charles Sweeny, LAWYERS for JUSTICE, PC, Attorneys for Plaintiff EVAN R. MOSES, CHRISTOPHER W. DECKER, OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Attorneys for Defendants.
Edwin Aiwazian, Charles Sweeny, LAWYERS for JUSTICE, PC, Attorneys for Plaintiff
EVAN R. MOSES, CHRISTOPHER W. DECKER, OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Attorneys for Defendants.
JOINT STIPULATION AND ORDER GRANTING PLAINTIFF LEAVE TO FILE [PROPOSED] SECOND AMENDED CLASS ACTION COMPLAINT FOR DAMAGES & ENFORCEMENT UNDER THE PRIVATE ATTORNEYS GENERAL ACT, CALIFORNIA LABOR CODE § 2698, ET SEQ.
BARBARA A. McAULIFFE UNITED STATES MAGISTRATE JUDGE.
Plaintiff Bobby Grayson, III (“Plaintiff”) and defendants Nutrien Ltd. (erroneously sued as “Nutrien”), Nutrien Ag Solutions, Inc., and Western Farm Service, Inc. (altogether “Defendants”) (collectively, the “Parties”), by and through their respective counsel of record, hereby stipulate as follows:
WHEREAS, on April 2, 2021, Plaintiff filed a putative class action complaint in the above-entitled action in the Superior Court of California, for the County of Tulare, against Defendants for violations of the California Labor Code;
WHEREAS, on June 1, 2021, Plaintiff filed a First Amended Complaint (“FAC”), also in the Superior Court of California, for the County of Tulare, adding a cause of action under the California Private Attorneys General Act of 2004 (“PAGA”);
WHEREAS, Defendant has removed this Action from the California state Court to this Court;
WHEREAS, the Parties have met and conferred on Defendants' contemplated Motion to Dismiss Plaintiff's FAC and/or Motion to Strike Class Allegations;
WHEREAS, Plaintiff maintains that this Court does not have jurisdiction over this action and intends to seek remand;
WHEREAS, in light of Defendants' contemplated Motion to Dismiss the FAC, counsel for Plaintiff and for Defendant have met and conferred regarding an amendment to the operative complaint proposed by Plaintiff, and as a result, counsel for Defendant has agreed to stipulate to the filing of a Second Amended Class Action Complaint for Damages and Enforcement under the Private Attorneys General Act, California Labor Code § 2698, et seq. (“Second Amended Complaint”), attached hereto as Exhibit A;
WHEREAS, by stipulating to the filing of the proposed Second Amended Complaint, Defendant does not waive any substantive or procedural rights or defenses it may have to Plaintiff's claims and allegations, nor does it concede that any of the claims or allegations pleaded in the Second Amended Complaint are sufficient to survive a Motion to Dismiss and/or Motion to Strike Class Allegations;
WHEREAS, by filing a Second Amended Complaint while this case remains pending in this federal Court, Plaintiff does not waive any substantive or procedural rights to seek remand of this action to State Court or any defenses on jurisdictional grounds;
WHEREAS, attached hereto as EXHIBIT A is Plaintiff's [Proposed] Second Amended Class Action Complaint for Damages and Enforcement under the Private Attorneys General Act, California Labor Code § 2698, et seq.
IT IS HEREBY STIPULATED AND AGREED BY THE PARTIES HERETO, THROUGH THEIR RESPECTIVE COUNSEL, AS FOLLOWS:
1. Plaintiff may file the attached [Proposed] Second Amended Class Action Complaint for Damages and Enforcement under the Private Attorneys General Act, California Labor Code § 2698, et seq.
2. Defendant shall have thirty (30) days to file and serve its response to the Second Amended Complaint, which time period shall run from the date of service thereof.
ORDER
Pursuant to the above Stipulation and good cause appearing, IT IS HEREBY ORDERED THAT:
The Court hereby grants Plaintiff leave to file a Second Amended Class Action Complaint for Damages and Enforcement under the Private Attorneys General Act, California Labor Code § 2698, et seq. Defendants shall have thirty (30) days to file and serve its response to the Second Amended Complaint, which time period shall run from the date of service thereof.
IT IS SO ORDERED.