Free Order on Motion to Amend/Correct - District Court of California - California

Case 3:08-cv-00785-JLS-NLS

Document 13

Filed 08/06/2008

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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 WHEREAS, Plaintiff Peter Pasquale filed suit against Kaiser Foundation Health Plan, Inc. on April 29, 2008; WHEREAS, Plaintiff Peter Pasquale filed a first amended complaint ("FAC") on June 19, 2008 to add allegations pursuant to the Private Attorney General Act of 2004, Cal. Labor Code § 2699, et Defendants. vs. KAISER FOUNDATION HEALTH PLAN, INC., a California Corporation, and Does 1 to 10, PETER PASQUALE, an individual, on behalf of himself, and on behalf of all persons similarly situated, Plaintiffs, Judge: Honorable Janis L. Sammartino Courtroom: 6, 3rd Floor Magistrate Judge: Honorable Nita L. Stormes Courtroom: F, 1st Floor CASE No. 08 CV -785 - JLS (NLS) ORDER ALLOWING PLAINTIFF TO FILE A SECOND AMENDED COMPLAINT UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Case 3:08-cv-00785-JLS-NLS

Document 13

Filed 08/06/2008

Page 2 of 2

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

seq. ("PAGA") allegations on June 19, 2008 [Docket No. 6]; WHEREAS, Plaintiff seeks to name the proper Defendant, Kaiser Foundation Hospitals, Inc., refine the factual allegations of the FAC, and add Plaintiff Sonia Gerberding as an additional class representative; WHEREAS, the Parties agree that Defendant is not waiving any arguments or defenses it may have to the claims made in the action, including but not limited to the statute of limitations, or Defendant's arguments that the claims stated do not "relate back" for putative class members outside the originally proposed class; WHEREAS, the Parties have filed a Joint Motion for an Order to Allow Plaintiff to File a Second Amended Complaint; NOW, THEREFORE, the Court, having considered the Parties' Joint Motion for an Order to Allow Plaintiff to File a Second Amended Complaint (the "Joint Motion") and finding good cause thereon, hereby ORDERS that the Plaintiff may file the Second Amended Complaint (the "SAC") attached to the Joint Motion as Exhibit #1, as the operative complaint. IT IS SO ORDERED. DATED: August 6, 2008 Honorable Janis L. Sammartino United States District Judge