STIPULATION TO ANSWER STANDING AS RESPONSIVE PLEADING TO THIRD AMENDED COMPLAINT

JEFFREY S. WHITE, District Judge.

STIPULATION

The parties hereto, by and through their respective counsel, hereby stipulate and request the Court to order as follows:

WHEREAS, on February 22, 2013, Defendant Con-way Freight, Inc. ("Defendant") moved to stay proceedings in this case pending the Ninth Circuit's decisions in two pending appeals addressing the scope of federal preemption of California meal and rest break requirements;

WHEREAS, in opposition to Defendant's Motion to Stay, Plaintiff asserted that he had abandoned the cause of action for allegedly missed rest breaks asserted in the operative Second Amended Complaint;

WHEREAS, on March 25, 2013, the Court issued an Order denying Defendant's Motion to Stay and ordering Plaintiff to file an amended complaint omitting the rest-break claim on before April 2, 2013;

WHEREAS, on April 2, 2013, Plaintiff filed his Third Amended Complaint in this action, omitting his rest-break cause of action and making other minor changes to conform the pleading to other intervening proceedings in the case;

WHEREAS, when Plaintiffs filed their Second Amended Complaint, Defendant concluded that its earlier Answer to the Amended Complaint was sufficient to stand as it response to the Second Amended Complaint, and entered into a stipulation to that effect on July 14, 2010, which stipulation was accepted and so ordered by this Court;

WHEREAS, Defendant similarly concludes that an amended Answer is not necessary to address the changes in Plaintiff's allegations between the Second Amended Complaint and the now-operative Third Amended Complaint;

WHEREAS, the preparation of an Answer to the Third Amended Complaint would amount to an unnecessary expenditure of resources where the parties agree that the claims and defenses at issue in this matter are fairly raised by the current pleadings.

IT IS HEREBY STIPULATED AND AGREED, by and through the parties' respective counsel of record, that Defendant's existing Answer shall stand as its responsive pleading to Plaintiffs' Third Amended Complaint. Because the parties entered into a similar stipulation, approved by the Court, with regard to the Second Amended Complaint, the operative Answer incorporated here was filed in response to Plaintiff's Amended Complaint.

IT IS SO STIPULATED.