STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT

VINCE CHHABRIA, District Judge.

WHEREAS, in an effort to effectuate the parties' settlement of all claims in this and related litigation, Plaintiffs wish to amend their class and collective action complaint to add (1) nationwide Fair Labor Standards Act ("FLSA") collective action claims (where before the FLSA claims were limited to three states); (2) Lyle Galeener as a proposed Class Representative asserting claims under Arizona state law on behalf of himself and a proposed Class of Arizona employees; (3) Mathew Vargas as a proposed Class Representative asserting claims under Colorado state law on behalf of himself and a proposed Class of Colorado employees; (4) Erik Brown as a proposed Class Representative asserting claims under Florida state law on behalf of himself and a proposed Class of Florida employees; (5) Erik Brown as a proposed Class Representative asserting claims under Georgia state law on behalf of himself and a proposed Class of Georgia employees; (6) Jesse Howell as a proposed Class Representative asserting claims under Idaho state law on behalf of himself and a proposed Class of Idaho employees; (7) Lyle Galeener as a proposed Class Representative asserting claims under Nevada state law on behalf of himself and a proposed Class of Nevada employees; (8) Keith Brown as a proposed Class Representative asserting claims under New Mexico state law on behalf of himself and a proposed Class of New Mexico employees; (9) Erik Brown as a proposed Class Representative asserting claims under Oregon state law on behalf of himself and a proposed Class of Oregon employees; (10) Sean Hamer as a proposed Class Representative asserting claims under the principles of quantum meruit, on behalf of himself and a proposed Class of employees from Texas, Alabama, Minnesota, Montana, Oklahoma Nebraska, North Carolina, South Carolina, Tennessee, Utah, and Wyoming; (11) Joseph Metko as a proposed Class Representative asserting claims under Washington state law on behalf of himself and a proposed Class of Washington employees;

WHEREAS, pursuant to the parties' settlement agreement, plaintiffs in the related cases of Vargas v. Source Refrigeration & HVAC, Inc., Case No. 2013-CV-32936-00712145-CU-OE-CXC (Colorado state court) ("Vargas") and Hamer v. Source Refrigeration & HVAC, Inc., Case No. 1:14-CV-570-55 (W.D. Tex.) ("Hamer") will dismiss their claims within seven days of this Court granting them leave to serve as class representatives in this action;

WHEREAS, pursuant to that settlement agreement, Defendant Source Refrigeration & HVAC, Inc. ("Source") agrees that the Colorado claims now asserted in this action shall be deemed to have been asserted on the day Vargas was first filed, and the Colorado class members' claims deemed tolled as of that date; and

WHEREAS, pursuant to that settlement agreement, Defendant Source agrees that Mr. Hamer and the opt-ins in Hamer shall be deemed to have opted into this action on the day each of them filed or opted into Hamer, respectively, and their FLSA claims deemed tolled as of those filing and opt-in dates, respectively.

THEREFORE, the parties respectfully request that the Court order that:

IT IS SO STIPULATED.

ORDER

IT IS HEREBY ORDERED that:

IT IS SO ORDERED.