STIPULATION and ORDER to File Amended Complaint: Pursuant to the parties' stipulation, Plaintiff Jeffrey Cox may file and serve a First Amended Complaint. Within twenty-one (21) days after filing and service of Plaintiff's First Amended Complaint, Defendants Roadrunner Intermodal Services, LLC, and Central Cal Transportation, LLC may file a response to the First Amended Complaint. signed by Magistrate Judge Barbara A. McAuliffe on 2/27/2018. (Herman, H)
1 2 3 4 Howard A. Sagaser, State Bar No. 72492 Ian B. Wieland, State Bar No. 285721 Christopher M. Rusca, State Bar No. 264608 SAGASER, WATKINS & WIELAND, PC 5260 North Palm Avenue, Suite 400 Fresno, California 93704 Telephone: (559) 421-7000 Facsimile: (559) 473-1483 5 6 7 8 9 10 11 12 13 Attorneys for Plaintiff and Counter Defendant JEFFREY COX James N. Nelson – SBN 116442 Michelle L. DuCharme – SBN 285572 GREENBERG TRAURIG, LLP 1201 K Street, Suite 1100 Sacramento, CA 95814-3938 Telephone: (916) 442-1111 Facsimile: (916) 448-1709 nelsonj@gtlaw.com ducharmem@gtlaw.com Attorneys for Defendants ROADRUNNER INTERMODAL SERVICES, LLC and CENTRAL CAL TRANSPORTATION, LLC 14 UNITED STATES DISTRICT COURT 15 FOR THE EASTERN DISTRICT OF CALIFORNIA 16 17 Lead Case No. 1:17-cv-01056-DAD-BAM (consolidated) JEFFREY COX, Plaintiff, 18 19 v. 20 ROADRUNNER INTERMODAL SERVICES, LLC, a Delaware limited liability company, CENTRAL CAL TRANSPORTATION, LLC, a Delaware limited liability company, and DOES 1 through 50, 21 22 Defendants. 23 24 25 STIPULATION AND ORDER TO FILE AMENDED COMPLAINT State Action Filed: July 25, 2017 Removal Filed: September 7, 2017 ROADRUNNER INTERMODAL SERVICES, LLC, a Delaware limited liability company, Defendant and CounterPlaintiff, 26 27 Member Case No. 1:17-cv-01207-DAD-BAM v. 28 30 31 STIPULATION AND ORDER TO FILE AMENDED COMPLAINT 1 JEFFREY COX, Plaintiff and CounterDefendant. 2 3 4 ROADRUNNER INTERMODAL SERVICES, LLC, a Delaware limited liability company, 5 Plaintiff, 6 v. 7 T.G.S. TRANSPORTATION, INC., a California corporation, and DOES 1-10, 8 Defendants. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 31 STIPULATION AND ORDER TO FILE AMENDED COMPLAINT 1 Plaintiff Jeffrey Cox (“Plaintiff”) and Defendants Roadrunner Intermodal Services, LLC, 2 and Central Cal Transportation, LLC (“Defendants”) (collectively, “the Parties”), by and through 3 their respective counsel, hereby stipulate and agree as follows: 4 WHEREAS, Plaintiff filed a separate lawsuit against Defendants, titled Jeffrey Cox, et al. 5 v. Roadrunner Intermodal Services, LLC, et al., Case No. BC669711, that is currently pending 6 before the Superior Court of California, County of Los Angeles; 7 WHEREAS, Plaintiff has agreed to dismiss his Labor Code section 1102.5 retaliation cause 8 of action against Defendants in his lawsuit that is currently pending before the Superior Court of 9 California, County of Los Angeles in order to plead the same in this action and deal with all 10 employment-related claims against Defendants in a single action; 11 WHEREAS, Plaintiff has indicated an intention to seek leave to file a First Amended 12 Complaint to add a new claim here that would be the same as the claims of retaliation in violation 13 of Labor Code section 1102.5 and the parties agree that if permitted to do so, the statute of 14 limitations on the retaliation claim will be calculated based on the date the Los Angeles County 15 Superior Court case referenced above was originally filed, February 16, 2017. See attached; 16 WHEREAS, Defendants have agreed that they will waive any and all claims for attorney 17 fees and costs against David Chidester in the case titled Jeffrey Cox, et al. v. Roadrunner 18 Intermodal Services, LLC, et al., Case No. BC669711, that is currently pending before the 19 Superior Court of California, County of Los Angeles; WHEREAS, Federal Rule of Civil Procedure 15(a)(2) permits any party to file an amended 20 21 pleading “with the opposing party’s written consent;” 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 30 31 1 Case No. 1:17-cv-01056-DAD-BAM STIPULATION AND ORDER TO FILE AMENDED COMPLAINT 1 BASED ON THE FOREGOING, THE PARTIES STIPULATE AND AGREE AS FOLLOWS: 2 1. 3 4 Pursuant to Federal Rule of Civil Procedure 15(a)(2), Plaintiff may file and serve a First Amended Complaint following the Court’s approval of this Stipulation; and 2. Within twenty-one (21) days after filing and service of Plaintiff’s First Amended 5 Complaint, Defendants may file a response to the First Amended Complaint. 6 IT IS SO STIPULATED. 7 8 DATED: February 22, 2018 SAGASER, WATKINS & WIELAND PC 9 10 By: /s/ Ian B. Wieland (as authorized on February 22, 2018) Howard A. Sagaser Ian B. Wieland Christopher M. Rusca Attorneys for JEFFREY COX 11 12 13 14 DATED: February 22, 2018 GREENBERG TRAURIG, LLP 15 By: /s/ James M. Nelson James M. Nelson Michelle L. DuCharme Attorneys for ROADRUNNER INTERMODAL SERVICES, LLC and CENTRAL CAL TRANSPORTATION, LLC 16 17 18 19 ORDER 20 21 Pursuant to the parties’ stipulation, Plaintiff Jeffrey Cox may file and serve a First Amended 22 Complaint. Within twenty-one (21) days after filing and service of Plaintiff’s First Amended Complaint, 23 Defendants Roadrunner Intermodal Services, LLC, and Central Cal Transportation, LLC may file a 24 response to the First Amended Complaint. IT IS SO ORDERED. 25 26 27 Dated: February 27, 2018 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 28 30 31 2 Case No. 1:17-cv-01056-DAD-BAM STIPULATION AND ORDER TO FILE AMENDED COMPLAINT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 31 3 Case No. 1:17-cv-01056-DAD-BAM STIPULATION AND ORDER TO FILE AMENDED COMPLAINT
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