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Duran v. People 2.0 North America LLC, 2:17-cv-02546-JAM-EFB. (2018)

Court: District Court, E.D. California Number: infdco20180207848 Visitors: 9
Filed: Feb. 05, 2018
Latest Update: Feb. 05, 2018
Summary: STIPULATION AND ORDER RE FILING OF FIRST AMENDED COMPLAINT JOHN A. MENDEZ , District Judge . STIPULATION IT IS HEREBY STIPULATED by and between the parties hereto as follows: 1. On November 14, 2017, Plaintiff submitted a letter to the California Labor and Workforce Development Agency ("LWDA"), pursuant to the California Private Attorneys General Act of 2004 ("PAGA", Cal. Lab. Code, 2698, et seq. ). 2. Pursuant to California Labor Code section 2699.3, subdivision (a)(2)(A), if the LW
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STIPULATION AND ORDER RE FILING OF FIRST AMENDED COMPLAINT

STIPULATION

IT IS HEREBY STIPULATED by and between the parties hereto as follows:

1. On November 14, 2017, Plaintiff submitted a letter to the California Labor and Workforce Development Agency ("LWDA"), pursuant to the California Private Attorneys General Act of 2004 ("PAGA", Cal. Lab. Code, § 2698, et seq.).

2. Pursuant to California Labor Code section 2699.3, subdivision (a)(2)(A), if the LWDA does not provide notice within 65 days (no later than January 18, 2018) that it intends to investigate the alleged Labor Code violations, Plaintiff may commence a civil action to seek civil penalties on her behalf and behalf of other aggrieved employees, current and former, pursuant to the PAGA. Cal. Lab. Code, § 2699.3, subd. (a)(2)(A).

3. To date, the LWDA has not provided notice that it intends to investigate the violations alleged by Plaintiff.

4. The parties hereby stipulate that Plaintiff may file a First Amended Complaint, adding a Third Cause of Action pursuant to the PAGA.

5. The parties further stipulate that Defendant shall have 30 days from service of the First Amended Complaint to file a responsive pleading thereto.

6. This stipulation is entered into in furtherance of judicial economy, and is not for the purpose of delay.

ORDER

Having reviewed the terms of the parties' above stipulation, and for good cause showing, IT IS HEREBY ORDERED that Plaintiff may file a First Amended Complaint to add a Third Cause of Action under the Private Attorneys General Act of 2004 ("PAGA"), and that Defendant shall file a responsive pleading within 30 days from service of that First Amended Complaint.

IT IS SO ORDERED.

Source:  Leagle

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