Filed: Apr. 08, 2015
Latest Update: Apr. 08, 2015
Summary: STIPULATION AND ORDER ALLOWING PLAINTIFF TO FILE FIRST AMENDED COMPLAINT FOR DAMAGES EDWARD M. CHEN , District Judge . On January 9, 2015, Plaintiff DOMINIC COBARRUVIAZ ("Plaintiff") filed his Complaint for violations of the California Labor Code, Unfair Business Practices/Competition, and Fraud/Intentional Misrepresentation in this action against MAPLEBEAR INC. dba INSTACART ("Defendant"). Plaintiff seeks to file his First Amended Complaint for Damages, which adds additional putative clas
Summary: STIPULATION AND ORDER ALLOWING PLAINTIFF TO FILE FIRST AMENDED COMPLAINT FOR DAMAGES EDWARD M. CHEN , District Judge . On January 9, 2015, Plaintiff DOMINIC COBARRUVIAZ ("Plaintiff") filed his Complaint for violations of the California Labor Code, Unfair Business Practices/Competition, and Fraud/Intentional Misrepresentation in this action against MAPLEBEAR INC. dba INSTACART ("Defendant"). Plaintiff seeks to file his First Amended Complaint for Damages, which adds additional putative class..
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STIPULATION AND ORDER ALLOWING PLAINTIFF TO FILE FIRST AMENDED COMPLAINT FOR DAMAGES
EDWARD M. CHEN, District Judge.
On January 9, 2015, Plaintiff DOMINIC COBARRUVIAZ ("Plaintiff") filed his Complaint for violations of the California Labor Code, Unfair Business Practices/Competition, and Fraud/Intentional Misrepresentation in this action against MAPLEBEAR INC. dba INSTACART ("Defendant").
Plaintiff seeks to file his First Amended Complaint for Damages, which adds additional putative class representatives, a cause of action for violations of the federal Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., four additional causes of action under the California Labor Code for failure to pay minimum wage and provide meal and rest breaks, willful misclassification, and advising an employer to misclassify employees as independent contractors, and related causes of action under the laws and applicable rules and regulations of the states where the new class representatives worked and resided during the relevant period.
A copy of Plaintiff's proposed First Amended Complaint for Damages is attached hereto as Exhibit 1.
It is hereby stipulated, by and between Plaintiff and Defendant, by and through their respective counsel, that:
1. Plaintiff should be granted leave to amend to file his First Amended Complaint for Damages, a copy of which is attached hereto as Exhibit 1.
2. Defendant reserves all rights with respect to Plaintiff's First Amended Complaint and any responsive pleading shall be due forty-five (45) days after the Court Order granting leave to file the First Amended Complaint for Damages.
ORDER
The Court having reviewed the foregoing Stipulation, and good cause appearing therefore:
IT IS HEREBY ORDERED that Plaintiff, DOMINIC COBARRUVIAZ, is granted leave to amend to file his First Amended Complaint for Damages, a copy of which is attached hereto as Exhibit 1.
IT IS ALSO ORDERED that Defendant reserves all rights with respect to Plaintiff's First Amended Compliant and any responsive pleading shall be due forty-five(45) days after this Court Order granting leave to file the First Amended Compliant for Damages.
IT IS FURTHER ORDERED that the First Amended Complaint for Damages is deemed filed the date the parties filed this Stipulation and Order with the Court.
IT IS SO ORDERED.
