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Helton v. Pepsi-Cola Sales and Distribution, Inc., 3:17-cv-01135-EMC. (2018)

Court: District Court, N.D. California Number: infdco20180607a65 Visitors: 12
Filed: Jun. 06, 2018
Latest Update: Jun. 06, 2018
Summary: STIPULATION REQUESTING LEAVE TO FILE SECOND AMENDED COMPLAINT; [PROPOSED] ORDER EDWARD M. CHEN , District Judge . TO THE HONORABLE EDWARD M. CHEN: On May 21, 2018, the Parties engaged in a third private mediation with the highly respected wage and hour mediator, Michael Dickstein. At the conclusion of the third mediation, Mr. Dickstein offered both parties a Mediator's Proposal, which the Parties accepted. As part of this settlement, the Parties stipulated that prior to submitting P
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STIPULATION REQUESTING LEAVE TO FILE SECOND AMENDED COMPLAINT; [PROPOSED] ORDER

TO THE HONORABLE EDWARD M. CHEN:

On May 21, 2018, the Parties engaged in a third private mediation with the highly respected wage and hour mediator, Michael Dickstein. At the conclusion of the third mediation, Mr. Dickstein offered both parties a Mediator's Proposal, which the Parties accepted. As part of this settlement, the Parties stipulated that prior to submitting Plaintiff's Motion for Preliminary Approval, Plaintiff will file a Second Amended Complaint with the Court to add claims for penalties under the Private Attorneys General Act of 2004 (PAGA) so that they may be released by and through the Parties' settlement.

Accordingly, the Parties hereby stipulate to, and request the Court grant, Plaintiff leave to file his Second Amended Complaint adding claims for penalties under the PAGA. A copy of the Second Amended Complaint is attached hereto as Exhibit A. The Parties stipulate further to relieve Defendants of their obligation to file a responsive pleading to the Second Amended Complaint in light of the Parties' settlement.

IT IS SO STIPULATED.

ATTESTATION

Pursuant to Civil Local Rule 5-1(i)(3), the filer of this document attests that concurrence in the filing of this document has been obtained from the other signatory above.

Dated: June 1, 2018. By: /s/ Tony Roberts
Source:  Leagle

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