Opinion
Case No. 12-CV-05552 MEJ
05-13-2013
LIBORIO HERNANDEZ and ROGELIO RODRIGUEZ-PEREZ Plaintiffs, v. NOR-CAL MOVING SERVICES, Defendant.
TOMAS E. MARGAIN, Bar No. 193555 HUY TRAN, Bar No. 288196 Attorneys for Plaintiffs LIBORIO HERNANDEZ and ROGELIO RODRIGEZ-PEREZ JOANNA L. BROOKS (State Bar No. 182986) DOUGLAS M. BRIA (State Bar No. 226966) DAVID T. WANG (State Bar No. 275015) JACKSON LEWIS LLP ATTORNEYS FOR DEFENDANT NOR-CAL MOVING SERVICES
TOMAS E. MARGAIN, Bar No. 193555
HUY TRAN, Bar No. 288196
Attorneys for Plaintiffs
LIBORIO HERNANDEZ and
ROGELIO RODRIGEZ-PEREZ
JOANNA L. BROOKS (State Bar No. 182986)
DOUGLAS M. BRIA (State Bar No. 226966)
DAVID T. WANG (State Bar No. 275015)
JACKSON LEWIS LLP
ATTORNEYS FOR DEFENDANT
NOR-CAL MOVING SERVICES
JOINT STIPULATION AND PROPOSED
ORDER GRANTING PLAINTIFFS'
LEAVE TO FILE SECOND AMENDED
COMPLAINT
Plaintiffs LIBORIO HERNANDEZ and ROGELIO RODRIGUEZ-PEREZ and Defendant NOR-CAL MOVING SERVICES through their attorneys of record, hereby submit the following Joint Stipulation and Proposed Order Granting Plaintiffs' Leave to File Second Amended Complaint.
WHEREAS, Plaintiffs filed the original Complaint in this action on October 29, 2012;
WHEREAS, Plaintiffs filed a First Amended Complaint on April 19, 2013 after Defendant filed a Motion to Dismiss or Strike on April 12, 2013;
WHEREAS, Plaintiffs desire to file a Second Amended Complaint which removes all language under pendant State claims that the matter is being litigated as a representative action or that Plaintiffs will comply with California Civil Procedure Class Action requirements.
NOW, THEREFORE, it is stipulated that:
1. Plaintiffs may file the Second Amended Complaint, attached as Exhibit A and containing redlined amendments to the First Amended Complaint.
2. Defendant does not oppose the Amendment.
3. Defendant will file an answer or other responsive pleading within 21 days from the date of filing of the Second Amended Complaint.
FOR PLAINTIFFS
By: _______________
Tomas E. Margain
Attorneys for Plaintiffs
LIBORIO HERNANDEZ and
ROGELIO RODRIGEZ-PEREZ
FOR DEFENDANT
By: _______________
JoAnna L. Brooks
Douglas M. Bria
David T. Wang
Attorneys for Defendant
NOR-CAL MOVING SERVICES
ORDER
Based on the above stipulation and GOOD CAUSE shown Plaintiffs are hereby granted leave to file a Second Amended Complaint which removes stray language that the matter is being brought as a representative action.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
_______________
HON. MARIA ELENA JAMES
Magistrate Judge of the United States
District Court