Filed: Apr. 16, 2014
Latest Update: Apr. 16, 2014
Summary: JOINT STIPULATION TO FILE FIRST AMENDED COMPLAINT; ORDER THEREON (Doc. 21) JENNIFER L. THURSTON, Magistrate Judge. Pursuant to Civil Local Rule 143 of the United States District Court for the Eastern District of California, the Parties to the above entitled action, TIMOTHY MORGRET ("Plaintiff" or "Morgret") and VALLEY INDUSTRIAL X-RAY AND INSPECTION SERVICES, INC. ("Defendant" or "Valley") (collectively referred to as the "Parties"), by and through their undersigned counsel, enter into the fol
Summary: JOINT STIPULATION TO FILE FIRST AMENDED COMPLAINT; ORDER THEREON (Doc. 21) JENNIFER L. THURSTON, Magistrate Judge. Pursuant to Civil Local Rule 143 of the United States District Court for the Eastern District of California, the Parties to the above entitled action, TIMOTHY MORGRET ("Plaintiff" or "Morgret") and VALLEY INDUSTRIAL X-RAY AND INSPECTION SERVICES, INC. ("Defendant" or "Valley") (collectively referred to as the "Parties"), by and through their undersigned counsel, enter into the foll..
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JOINT STIPULATION TO FILE FIRST AMENDED COMPLAINT; ORDER THEREON (Doc. 21)
JENNIFER L. THURSTON, Magistrate Judge.
Pursuant to Civil Local Rule 143 of the United States District Court for the Eastern District of California, the Parties to the above entitled action, TIMOTHY MORGRET ("Plaintiff" or "Morgret") and VALLEY INDUSTRIAL X-RAY AND INSPECTION SERVICES, INC. ("Defendant" or "Valley") (collectively referred to as the "Parties"), by and through their undersigned counsel, enter into the following Stipulation:
WHEREAS, Plaintiff filed the original Complaint on November 6, 2013;
WHEREAS, Defendant Valley filed an Answer to the Complaint on December 2, 2013;
WHEREAS, the Parties have met and conferred and agree that Plaintiff may file a First Amended Complaint ("FAC"), a true and correct copy of which is attached hereto as "Exhibit A." The proposed FAC contains three substantive changes from the initial Complaint: (1) Defendant APPLUS TECHNOLOGIES, INC. was dismissed by the Court on November 22, 2013; (2) Plaintiff Morgret now seeks to add an additional cause of action pursuant to the California Private Attorney General Act ("PAGA"); and, (3) Defendant Valley employed Plaintiff as both a "Technician" and "Assistant Technician;" therefore, Plaintiff seeks to narrowly define the class definitions between each of these two job classifications; and
WHEREAS, the Parties have further agreed that Plaintiff shall file and serve the proposed FAC within five (5) days of the entrance of the [Proposed] Order filed concurrently herewith and that Defendant shall have fifteen (15) days from the service of the FAC to file an answer to the FAC.
NOW THEREFORE, the Parties stipulate that, by order of this Court:
1. Plaintiff shall be permitted to file the attached FAC:
2. Plaintiff shall file and serve the FAC within five (5) days of the entrance of the [proposed] Order filed concurrently herewith; and
3. Defendant shall have fifteen (15) days from the service of the FAC to answer the FAC.
IT IS SO STIPULATED THROUGH COUNSEL OF RECORD.
ORDER
Based upon the stipulation of the parties, the Court ORDERS:
1. Plaintiff may file the First Amended Complaint within five days of this Order;
2. Defendant SHALL file a responsive pleading within 15 days thereafter.
IT IS SO ORDERED.
