Filed: Jul. 30, 2014
Latest Update: Jul. 30, 2014
Summary: JOINT STIPULATION AND (PROPOSED] ORDER GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT JON S. TIGAR, District Judge. JOINT STIPULATION This Stipulation is made by and between plaintiffs Dianne Brown, and Kierre Townsend (" Plaintiffs") and defendants Airgas Onsite Safety Services A Delaware Corporation ("Defendant"), through their respective counsel of record, with reference to the following facts: WHEREAS, on October 25, 2013, Plaintiff filed the original complaint in the ac
Summary: JOINT STIPULATION AND (PROPOSED] ORDER GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT JON S. TIGAR, District Judge. JOINT STIPULATION This Stipulation is made by and between plaintiffs Dianne Brown, and Kierre Townsend (" Plaintiffs") and defendants Airgas Onsite Safety Services A Delaware Corporation ("Defendant"), through their respective counsel of record, with reference to the following facts: WHEREAS, on October 25, 2013, Plaintiff filed the original complaint in the act..
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JOINT STIPULATION AND (PROPOSED] ORDER GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT
JON S. TIGAR, District Judge.
JOINT STIPULATION
This Stipulation is made by and between plaintiffs Dianne Brown, and Kierre Townsend (" Plaintiffs") and defendants Airgas Onsite Safety Services A Delaware Corporation ("Defendant"), through their respective counsel of record, with reference to the following facts:
WHEREAS, on October 25, 2013, Plaintiff filed the original complaint in the action alleging wage and hour violations of California Labor Code against Defendants;
WHEREAS, Plaintiff and Defendant (collectively "the Parties") have agreed that Plaintiff may file the [Proposed] First Amended Complaint, which is attached as Exhibit A to this Stipulation, for the purpose of (I) modifying the class definition; (2) adding; GULF SOUTH SAFETY CONSULTANTS, L.L.C., a Louisiana limited liability corporation.
WHEREAS, the Parties wish to avoid the filing and hearing on a motion for leave to file an amended complaint, in order to avoid a waste of judicial resources and unnecessary attorneys' fees; and
WHEREAS, the Parties have agreed that, except as otherwise stated, nothing in this Stipulation shall operate as a waiver of any rights, claims or defenses they may have in this action.
NOW, THEREFORE, the Parties hereby stipulate and agree as follows:
1. Pursuant to Rule 15(a)(2)-(3) of the Federal Rules of Civil Procedure. Plaintiff is granted leave of court to file the [Proposed] First Amended Complaint attached as Exhibit A to this Stipulation. The [Proposed] First Amended Complaint will be deemed filed and served as of the date on the Order granting this Stipulation.
2. Defendants shall have 14 days after service of the First Amended Complaint or this Court's approval of this Stipulation, whichever is later, to file any response to Plaintiffs First Amended Complaint;
3. Except as otherwise stated, nothing in this Stipulation shall operate as a waiver of any rights, claims or defenses that either Plaintiff or Defendants may have in this action.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
The plaintiff shall file the first amended complaint as a separate docket entry no later than August 1, 2014.
IT IS SO STIPULATED.
