Christopher Booher v. Jetblue Airways Corporation

Northern District of California, cand-4:2015-cv-01203

ORDER GRANTING {{32}} STIPULATION Allowing Plaintiffs to File a Second Amended Complaint. Signed by Judge JEFFREY S. WHITE on 11/9/15.

Interested in this case?

Current View

Full Text

1 MATTHEW HELLAND (SBN 250451) DARYL S. LANDY (SBN 136288) 2 helland@nka.com dlandy@morganlewis.com DANIEL BROME (SBN 278915) MORGAN, LEWIS & BOCKIUS LLP 3 dbrome@nka.com 5 Park Plaza, Suite 1740 NICHOLS KASTER, LLP Irvine, CA 92614 4 One Embarcadero Center, Suite 720 Tel: 949.399.7000 San Francisco, CA 94111 Fax: 949.399.7001 5 Tel: 415.277.7235 Fax: 415.277.7238 ANNA KIM (SBN 292082) 6 anna.kim@morganlewis.com Attorneys for Plaintiff MORGAN, LEWIS & BOCKIUS LLP 7 CHRISTOPHER BOOHER 300 South Grand Avenue Los Angeles, CA 90071-3132 8 Tel: 213.612.2500 Fax: 213.612.2501 9 BRENDAN T. KILLEEN (admitted pro hac 10 vice) bkilleen@morganlewis.com 11 MORGAN, LEWIS & BOCKIUS LLP 101 Park Avenue 12 New York, NY 10178 Tel: 212.309.6000 13 Fax: 212.309.6001 14 Attorneys for Defendant 15 JETBLUE AIRWAYS CORPORATION (erroneously named as JETBLUE AIRLINES 16 CORPORATION) 17 UNITED STATES DISTRICT COURT 18 NORTHERN DISTRICT OF CALIFORNIA 19 20 Christopher Booher and Patricia Reid, Case No. 4:15-cv-01203-JSW individually, on behalf of others similarly 21 situated, and on behalf of the general public, JOINT STIPULATION ALLOWING PLAINTIFFS TO FILE A SECOND 22 Plaintiffs, AMENDED COMPLAINT AND ORDER THEREON 23 vs. 24 JetBlue Airways Corporation, 25 Defendant. 26 27 28 C-15-1203 JSW JOINT STIPULATION ALLOWING PLAINTIFFS TO FILE A SECOND AMENDED COMPLAINT 1 The parties, by and through their attorneys of record, hereby stipulate and agree as follows, 2 pursuant to Fed. R. Civ. P. 15(a)(2): 3 WHEREAS, on March 16, 2015, Plaintiff Christopher Booher filed his initial complaint 4 asserting claims under the California Labor Code (failure to pay minimum wage, failure to pay 5 overtime, waiting time penalties, failure to provide itemized wage statements), the San Francisco 6 Minimum Wage Ordinance, and the California Business and Professions Code (ECF No. 1); 7 WHEREAS, Defendant JetBlue Airways Corp. filed its answer on May 8, 2015 (ECF No. 8 15); 9 WHEREAS, on June 26, 2015, the Court issued a Minute Order (ECF No. 25), allowing the 10 parties until August 31, 2015 to amend pleadings; 11 WHEREAS, on August 31, 2015, Plaintiff Booher filed a Joint Stipulation Allowing 12 Plaintiffs to File a First Amended Complaint (ECF No. 28); 13 WHEREAS, on August 31, 2015, the Court granted the Parties' Stipulation Allowing 14 Plaintiff Booher to File a First Amended Complaint (ECF No. 29); 15 WHEREAS, on August 31, 2015, Plaintiffs Booher and Patricia Reid filed their First 16 Amended Complaint (ECF No. 30); 17 WHEREAS, Defendant filed its Answer to the First Amended Complaint on September 21, 18 2015 (ECF No. 31); 19 WHEREAS, Plaintiffs wish to add claims under the Private Attorneys General Act of 2004, 20 Cal. Lab. Code §2698 et seq.; 21 WHEREAS, on September 2, 2015, Plaintiffs gave written notice by certified mail to the 22 Labor and Workforce Development Agency and JetBlue Airways Corp. of the alleged violations of 23 the California Labor Code; 24 WHEREAS, the Labor and Workforce Development Agency has not responded within 33 25 calendar days of the postmark date of the notice; 26 WHEREAS, PAGA provides Plaintiffs a right to amend their complaint within 60 days of 27 exhaustion of administrative relief, Cal. Lab. Code § 2699.3(a)(2)(C)); 28 WHEREAS, the Parties further agree that Defendant's response to the Second Amended 1 C-15-1203 JSW JOINT STIPULATION ALLOWING PLAINTIFFS TO FILE A SECOND AMENDED COMPLAINT 1 Complaint will be due twenty-one (21) days after the date Plaintiffs file their Second Amended 2 Complaint; and 3 WHEREAS, the Parties have not reached agreement as to whether Plaintiffs' PAGA claims 4 relate back to the filing of this Action, and expressly reserve all rights to address this issue in later 5 motion practice. 6 WHEREFORE, the parties hereby STIPULATE AND AGREE that Plaintiffs may have 7 leave to file their Second Amended Complaint, attached in clean and redlined form as Exhibit A, 8 and that Defendant's response to the Second Amended Complaint will be due twenty-one (21) days 9 after the date Plaintiffs file their Second Amended Complaint. 10 Dated: November 3, 2015 NICHOLS KASTER, LLP 11 By s/ Matthew C. Helland 12 Matthew C. Helland Daniel S. Brome 13 Attorneys for Plaintiffs 14 Dated: November 3, 2015 MORGAN, LEWIS & BOCKIUS LLP 15 By s/ Daryl S. Landy 16 Daryl S. Landy Anna Kim 17 Brendan T. Killeen Attorneys for Defendant 18 JETBLUE AIRWAYS CORPORATION (erroneously named as JetBlue Airlines 19 Corporation) 20 21 I, Matthew C. Helland, attest that I have obtained concurrence from Daryl S. Landy in the 22 filing of this Joint Stipulation Allowing Plaintiffs to File a Second Amended Complaint. See N.D. 23 Cal. Civ. L.R. 5-1(i)(3). 24 [PROPOSED] ORDER 25 Pursuant to the stipulation of counsel, IT IS SO ORDERED. 26 27 Dated: November 9, 2015 Hon. Jeffrey S. White 28 United States District Court Judge 2 C-15-1203 JSW JOINT STIPULATION ALLOWING PLAINTIFFS TO FILE A SECOND AMENDED COMPLAINT