Filed: May 13, 2013
Latest Update: May 13, 2013
Summary: JOINT STIPULATION AND PROPOSED ORDER GRANTING PLAINTIFFS' LEAVE TO FILE SECOND AMENDED COMPLAINT MARIA ELENA JAMES, Magistrate Judge. Plaintiffs LIBORIO HERNANDEZ and ROGELIO RODRIGUEZ-PEREZ and Defendant NOR-CAL MOVING SERVICES through their attorneys of record, hereby submit the following Joint Stipulation and Proposed Order Granting Plaintiffs' Leave to File Second Amended Complaint. WHEREAS, Plaintiffs filed the original Complaint in this action on October 29, 2012; WHEREAS, Plaint
Summary: JOINT STIPULATION AND PROPOSED ORDER GRANTING PLAINTIFFS' LEAVE TO FILE SECOND AMENDED COMPLAINT MARIA ELENA JAMES, Magistrate Judge. Plaintiffs LIBORIO HERNANDEZ and ROGELIO RODRIGUEZ-PEREZ and Defendant NOR-CAL MOVING SERVICES through their attorneys of record, hereby submit the following Joint Stipulation and Proposed Order Granting Plaintiffs' Leave to File Second Amended Complaint. WHEREAS, Plaintiffs filed the original Complaint in this action on October 29, 2012; WHEREAS, Plainti..
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JOINT STIPULATION AND PROPOSED ORDER GRANTING PLAINTIFFS' LEAVE TO FILE SECOND AMENDED COMPLAINT
MARIA ELENA JAMES, Magistrate Judge.
Plaintiffs LIBORIO HERNANDEZ and ROGELIO RODRIGUEZ-PEREZ and Defendant NOR-CAL MOVING SERVICES through their attorneys of record, hereby submit the following Joint Stipulation and Proposed Order Granting Plaintiffs' Leave to File Second Amended Complaint.
WHEREAS, Plaintiffs filed the original Complaint in this action on October 29, 2012;
WHEREAS, Plaintiffs filed a First Amended Complaint on April 19, 2013 after Defendant filed a Motion to Dismiss or Strike on April 12, 2013;
WHEREAS, Plaintiffs desire to file a Second Amended Complaint which removes all language under pendant State claims that the matter is being litigated as a representative action or that Plaintiffs will comply with California Civil Procedure Class Action requirements.
NOW, THEREFORE, it is stipulated that:
1. Plaintiffs may file the Second Amended Complaint, attached as Exhibit A and containing redlined amendments to the First Amended Complaint.
2. Defendant does not oppose the Amendment.
3. Defendant will file an answer or other responsive pleading within 21 days from the date of filing of the Second Amended Complaint.
ORDER
Based on the above stipulation and GOOD CAUSE shown Plaintiffs are hereby granted leave to file a Second Amended Complaint which removes stray language that the matter is being brought as a representative action.
PURSUANT TO STIPULATION, IT IS SO ORDERED.