Opinion
David R. Markham, THE MARKHAM LAW FIRM, San Diego, California, Attorneys for Plaintiffs.
Stuart C. Talley, KERSHAW CUTTER & RATINOFF, Sacramento, California, Joseph Cho, Autumn E. Love, Ronald H. Bae, AEQUITAS LAW GROUP, Los Angeles, California, Attorneys for Plaintiff.
Thomas Kaufman, SHEPPARD MULLIN RICHTER & HAMPTON LLP, Los Angeles, CA, Attorney for Defendant.
STIPULATION AND ORDER FOR PLAINTIFF TO FILE SECOND AMENDED COMPLAINT BY JULY 6, 2015
BARBARA A. McAULIFFE, Magistrate Judge.
STIPULATION
WHEREAS, on June 2, 2013, counsel for Plaintiff Luis Novoa ("Plaintiff") filed a Stipulation between Plaintiff and Defendant Charter Communications, LLC ("Defendant") in which the parties agreed for Plaintiff to file his Second Amended Complaint, which was attached to the Stipulation as Exhibit A. Dkt. No. 39; and
WHEREAS, on June 3, 2015, the Court granted the parties' Stipulation and ordered Plaintiff to file his Second Amended Complaint by June 8, 2015. Dkt. No. 40; and
WHEREAS, Plaintiff's proposed Second Amended Complaint contains a cause of action under Private Attorney General Act of 2004, ("PAGA"), codified in California Labor Code, section 2698, et seq., which is not ripe until 33 days after Plaintiff gives notice to the Labor and Workforce Development Agency ("LWDA"). Lab. Code, § 2699.3(a); and
WHEREAS, Plaintiff mailed notice to the LWDA on June 2, 2015. Therefore, under Labor Code section 2699.3(a), Plaintiff may file his Second Amended Complaint containing a cause of action under PAGA no sooner than July 6, 2015.
NOW THEREFORE IT IS HEREBY STIPULATED, by and between Plaintiff and Defendant, by and through their respective counsel of record, that:
1. Plaintiff may file his Second Amended Complaint with the PAGA cause of action by July 6, 2015.
2. Defendant's response to Plaintiff's Second Amended Complaint shall be filed within thirty (30) days after the Second Amended Complaint is filed.
IT IS SO STIPULATED.
I, David R. Markham, attest that I have obtained concurrence from defense counsel regarding the filing of this Stipulation.
ORDER
Good cause having been shown, based upon the parties' signed Stipulation filed on June 3, 2015, and based on the records in the above-captioned action, the Court hereby orders as follows:
1. Plaintiff may file his Second Amended Complaint by July 6, 2015;
2. Defendant's response to Second Amended Complaint shall be due thirty (30) days after the Second Amended Complaint is filed.
IT IS SO ORDERED.