Filed: Dec. 14, 2012
Latest Update: Dec. 14, 2012
Summary: STIPULATION TO ALLOW DEFENDANT TO FILE LIMITED SURREPLY; [PROPOSED] ORDER LUCY H. KOH, District Judge. WHEREAS, on November 19, 2012, plaintiff Jessica Sanchez ("Plaintiff") filed a Motion to Remand [Dkt Nos. 14-17] ("Motion"), in which Plaintiff argued that the instant action should be remanded to California Superior Court because her "original Complaint put Defendant on notice that the amount in controversy was over $75,000.00 just with Plaintiff's claims under California Labor Code Se
Summary: STIPULATION TO ALLOW DEFENDANT TO FILE LIMITED SURREPLY; [PROPOSED] ORDER LUCY H. KOH, District Judge. WHEREAS, on November 19, 2012, plaintiff Jessica Sanchez ("Plaintiff") filed a Motion to Remand [Dkt Nos. 14-17] ("Motion"), in which Plaintiff argued that the instant action should be remanded to California Superior Court because her "original Complaint put Defendant on notice that the amount in controversy was over $75,000.00 just with Plaintiff's claims under California Labor Code Sec..
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STIPULATION TO ALLOW DEFENDANT TO FILE LIMITED SURREPLY; [PROPOSED] ORDER
LUCY H. KOH, District Judge.
WHEREAS, on November 19, 2012, plaintiff Jessica Sanchez ("Plaintiff") filed a Motion to Remand [Dkt Nos. 14-17] ("Motion"), in which Plaintiff argued that the instant action should be remanded to California Superior Court because her "original Complaint put Defendant on notice that the amount in controversy was over $75,000.00 just with Plaintiff's claims under California Labor Code Section 1197.1 alone, without the additional claims in the Complaint" (Motion at 4);
WHEREAS, on December 3, 2012, defendant Aerogroup Retail Holdings, Inc. ("Defendant") filed an Opposition to Motion to Remand [Dkt. 22] ("Opposition"), in which Defendant argued that Plaintiff's Motion should fail because penalties under Labor Code section 1197.1 cannot be aggregated for purposes of calculating the amount in controversy;
WHEREAS, on December 10, 2012, Plaintiff filed a Reply in Support of Plaintiff's Motion to Remand [Dkt. 24] ("Reply"), in which Plaintiff asserted the argument that the time for removal of this action was triggered as a result of notice to Defendant concerning the potential or impending assertion of a claim under California's Private Attorneys General Act of 2004 ("PAGA"), prior to the filing of Plaintiff's First Amended Complaint;
WHEREAS, it is Defendant's position that a limited surreply is necessary to address Plaintiff's PAGA argument;
WHEREAS, Plaintiff does not object to the Court granting leave to Defendant to file the proposed surreply;
THEREFORE, IT IS HEREBY STIPULATED, by and between Plaintiff Jessica Sanchez and Defendant Aerogroup Retail Holdings, Inc., by and through their respective counsel of record, that Defendant be granted leave to file the proposed surreply.
SO STIPULATED.
GENERAL ORDER NO. 45(X) CERTIFICATION
I attest that I have obtained Kelly A. Buschman's concurrence in the filing of this document.
Michael T. Chin
[PROPOSED] ORDER
Defendant is hereby granted permission to file a one page surreply, which shall be filed by December 17, 2012. The parties are advised that future requests to file surreplies are disfavored and are likely to be denied.
