STIPULATION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT; ORDER

1. Federal Rule of Civil Procedure 15(a)(2)

ERICA P. GROSJEAN, Magistrate Judge.

Plaintiffs and Defendants by and through their respective counsel, hereby stipulate and agree as follows, and request that this Court order as follows:

WHEREAS, Federal Rule of Civil Procedure 15 liberally allows a party to amend pleadings in the furtherance of justice; and

WHEREAS, the parties to this proceeding agree to allow Plaintiffs to amend their complaint and file the attached Second Amended Complaint ("SAC"); and

WHEREAS, the parties wish to proceed in this manner as to avoid unnecessary costs and delay and affecting no statute of limitation to prejudice Plaintiffs or Defendants;

IT IS HEREBY AGREED AND

1. Defendants will not suffer any prejudice by the amendments because Defendants have full notice and knowledge of all substantive allegations.

2. The First Amended Complaint is being amended to correct a defective allegation of the Tenth Cause of Action and the related Prayer for Relief by the addition of reference to Labor Code sections 558 and 2699(f).

4. Defendants can file an Amended Answer if they deem it necessary. If no Amended Answer to the SAC is filed, their Answers on file will serve as the Answers to the SAC.

IT IS SO STIPULATED.

ORDER

Pursuant to the above stipulation of the parties, the Second Amended Complaint is deemed filed and served. Defendants shall serve a response to the amended pleading within 14 days of the date of this order.

IT IS SO ORDERED.