JOINT STIPULATION AND [PROPOSED] ORDER REGARDING FILING OF SECOND AMENDED COMPLAINT

MAXINE M. CHESNEY, District Judge.

RECITALS

A. WHEREAS, TOSHIBA JOHNSON ("Plaintiff") filed her Original Complaint in Alameda County Superior Court on February 1, 2013;

B. WHEREAS, Plaintiff filed her First Amended Complaint ("FAC") in Alameda County Superior Court on February 14, 2013;

C. WHEREAS, on or about March 8, 2013, Defendant removed the action to this Court;

D. WHEREAS, Defendant answered the First Amended Complaint on March 18, 2013;

E. WHEREAS, on July 18, 2013, the parties participated in a full day mediation with respected mediator, Michael Dickstein;

F. WHEREAS, following the mediation, the parties continued to work together on a potential settlement and, ultimately, came to terms on a class-wide settlement;

G. WHEREAS, as part of the proposed settlement, the parties have agreed that Plaintiff shall file a Second Amended Complaint (SAC) which dismisses claims for violations of Labor Code § 2802 and Business & Professions Code § 17200. In addition, the SAC includes an additional claim for violations of Labor Code § 226. The proposed SAC (in redline format to show the proposed changes) is attached hereto as Exhibit A.

THEREFORE, the parties do STIPULATE AND AGREE as follows;

1. Plaintiff's SAC shall be the operative complaint in this matter;

2. Plaintiff's SAC shall be deemed filed upon entry of the Order on this Stipulation; and

3. Defendant shall have thirty (30) days to respond to the SAC, to commence upon entry of this Order.

IT IS SO STIPULATED.

ORDER

Upon reading the forgoing Stipulation, and good cause appearing, therefore,

IT IS ORDERED THAT

1. Plaintiff's SAC shall be the operative complaint in this matter;

2. Plaintiff's SAC shall be deemed filed upon entry of the Order on this Stipulation; and shall file the SAC no later than September 27, 2013; and

3. Defendant shall have thirty (30) days to respond to the SAC, to commence upon entry of this Order.

SO ORDERED.