STIPULATION TO FILING OF FIRST AMENDED COMPLAINT; [PROPOSED] ORDER

WILLIAM B. SHUBB, District Judge.

Plaintiff Ricardo Castillo (hereinafter, "Plaintiff") and Defendant ADT LLC (hereinafter, "Defendant") (collectively, the "Parties") hereby jointly stipulate as follows:

WHEREAS, Plaintiff filed the original complaint in this action in the above referenced Court on February 17, 2015;

WHEREAS, Plaintiff asserts that pursuant to California Labor Code section 2699.3(a)(1), on or about February 27, 2015, Plaintiff gave written notice by certified mail to the California Labor and Workforce Development Agency ("LWDA") and Defendant of the specific provisions of the California Labor Code alleged to have been violated by Defendant, including the facts and theories set forth in the original Complaint, and requested permission to pursue civil penalties against Defendant under the Labor Code Private Attorney Generals Act, California Labor Code section 2698, et seq. ("LCPAGA");

WHEREAS, Plaintiff asserts that more than thirty three days have passed since Plaintiff gave notice to Defendant and the LWDA as described above;

WHEREAS, pursuant to section 2699.33 of the California Labor Code, Plaintiff may amend the existing complaint to clarify that he is pursuing a cause of action arising under the Labor Code Private Attorneys General Act;

WHEREAS, Defendant is willing to stipulate Plaintiff's proposed amendment, provided that such stipulation is without waiver or prejudice as to Defendant's ability to assert any affirmative defenses related to exhaustion of administrative remedies, or ability to otherwise challenge Plaintiffs' claims, including those pursuant to LCPAGA, by any available means;

WHEREAS, Plaintiff agrees with the limitation on Defendant's stipulation set forth above;

NOW, THEREFORE, it is stipulated that:

1. Plaintiff may file the First Amended Complaint ("FAC") attached as Exhibit 1 to the Notice of Lodging [Proposed] First Amended Complaint, which FAC asserts a claim under the California Labor Code Private Attorneys General Act ("PAGA"), section 2698 et seq. of the California Labor Code. The proposed FAC lodged herewith shall be deemed filed on the date the Court executes the concurrently filed Proposed Order.

2. By stipulating to this amendment, Defendant has not waived any affirmative defenses, including related to exhaustion of administrative remedies, and instead expressly reserves its right to challenge by any and all available procedural means, the validity or sufficiency of each and every allegation contained in the FAC. Respectfully submitted,

ORDER

The parties having submitted a Joint Stipulation to allow Plaintiff to file a First Amended Complaint, the Court orders the First Amended Complaint, attached as Exhibit 1 to the Notice of Lodging of [Proposed] First Amended Complaint, filed.