Filed: Jun. 10, 2019
Latest Update: Jun. 10, 2019
Summary: CLASS ACTION JOINT STIPULATION TO FILE SECOND AMENDED ANSWER AND [PROPOSED] ORDER HAYWOOD S. GILLIAM, JR. , District Judge . STIPULATION This stipulation is entered into by and among Plaintiffs Mary Moore and Alexandria Encinias (collectively, "Plaintiffs") and Defendants Addus Healthcare, Inc. ("Addus") and Addus HomeCare Corporation ("Addus HomeCare," and erroneously identified in the First Amended Complaint as "Addus HomeCare, Inc.") (collectively, "Defendants"), by and through
Summary: CLASS ACTION JOINT STIPULATION TO FILE SECOND AMENDED ANSWER AND [PROPOSED] ORDER HAYWOOD S. GILLIAM, JR. , District Judge . STIPULATION This stipulation is entered into by and among Plaintiffs Mary Moore and Alexandria Encinias (collectively, "Plaintiffs") and Defendants Addus Healthcare, Inc. ("Addus") and Addus HomeCare Corporation ("Addus HomeCare," and erroneously identified in the First Amended Complaint as "Addus HomeCare, Inc.") (collectively, "Defendants"), by and through ..
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CLASS ACTION
JOINT STIPULATION TO FILE SECOND AMENDED ANSWER AND [PROPOSED] ORDER
HAYWOOD S. GILLIAM, JR., District Judge.
STIPULATION
This stipulation is entered into by and among Plaintiffs Mary Moore and Alexandria Encinias (collectively, "Plaintiffs") and Defendants Addus Healthcare, Inc. ("Addus") and Addus HomeCare Corporation ("Addus HomeCare," and erroneously identified in the First Amended Complaint as "Addus HomeCare, Inc.") (collectively, "Defendants"), by and through their respective counsel, in light of the following facts:
1. WHEREAS, on March 21, 2019, Plaintiffs filed a First Amended Complaint in the Superior Court of California, County of Contra Costa, Case No. MSC18-01989 ("FAC");
2. WHEREAS, on March 22, 2019, Defendants filed an Answer to Plaintiffs' FAC;
3. WHEREAS, on April 12, 2019, Defendants filed an Amended Answer to Plaintiffs' FAC;
4. WHEREAS, on May 3, 2019, Plaintiffs filed a motion to strike portions of Defendants' amended answer to Plaintiffs' FAC;
5. WHEREAS, the parties have met and conferred and Defendants have provided Plaintiffs with a copy of the proposed Second Amended Answer ("SAA");
6. WHEREAS, in the interest of judicial economy and for the benefit of all parties, counsel for Plaintiffs and Defendants are willing to stipulate to the filing of the SAA;
7. WHEREAS, upon entry of an Order permitting the filing of the proposed SAA, attached hereto as Exhibit A, Defendants will cause the SAA to be filed and served as soon thereafter as practicable, but in no event more than seven (7) days after the Court's entry of an Order permitting said filing.
8. WHEREAS, Plaintiffs' motion to strike will be withdrawn.
9. WHEREAS, this stipulation is made for good cause and not for the purpose of delay.
IT IS SO STIPULATED.
Dated: June 7, 2019 AKIN GUMP STRAUSS HAUER &
FELD LLP
GREGORY W. KNOPP
GARY M. MCLAUGHLIN
VICTOR A. SALCEDO
By /s/ Gary M. McLaughlin
Gary M. McLaughlin**
Attorneys for Defendants
Addus Healthcare, Inc. and
Addus HomeCare Corporation
Dated: June 7, 2019 LAWYERS for JUSTICE, PC
Edwin Aiwazian
Arby Aiwazian
Tara Zabehi
By /s/ Edwin Aiwazian
Edwin Aiwazian
Attorneys for Plaintiffs
Mary Moore and Alexandria Encinias
** Pursuant to L.R. 5-1(i)(3), I attest that concurrence in the filing of this document
has been obtained from each of the other signatories.
[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED, good cause appearing, that:
1. The Court hereby grants Defendants' leave to file a Second Amended Answer to Plaintiff's First Amended Complaint. Defendants shall have seven (7) days from the date of this signed Order to file and serve their Second Amended Answer.
2. Plaintiffs shall file and serve a notice of withdrawal of their motion to strike portions of Defendants' amended answer to Plaintiffs' First Amended Complaint as soon as practicable.
