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Bibo v. Federal Express Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


June 10, 2010

PAUL BIBO, AN INDIVIDUAL, GEORGIA TEH SHIELDS, AN INDIVIDUAL, ALEX GALVEZ, AN 17 INDIVIDUAL, MARC GARVEY, AN INDIVIDUAL, AND BRYAN PETER, AN INDIVIDUAL, INDIVIDUALLY AND ON BEHALF OF ALL OTHER SIMILARLY SITUATED, PLAINTIFFS,
v.
FEDERAL EXPRESS INC., A DELAWARE CORPORATION, AND DOES 1-500, INCLUSIVE, DEFENDANTS.

STIPULATION AND [PROPOSED] ORDER ALLOWING FILING OF SECOND AMENDED COMPLAINT

WHEREAS, by Order filed April 26, 2010 the Court denied Plaintiffs' Motion for Leave to Amend the Complaint to add an Eighth Cause of Action for violation of Industrial Wage Commission Wage Order No. 9, section 5(B), but granted Plaintiffs leave to amend the complaint to (1) remove the three dismissed plaintiffs, and (2) change the caption to reflect that the case is pending in the Northern District of California;

WHEREAS, the Court gave Plaintiffs until May 3, 2010 to file the amended complaint;

WHEREAS, Plaintiffs' counsel inadvertently neglected to file the amended complaint;

and

WHEREAS, Defendant has agreed to the filing of the Second Amended Complaint to reflect the current status of the action.

ACCORDINGLY, IT IS HEREBY STIPULATED THAT the Second Amended Complaint attached as Exhibit A shall be filed.

PURSUANT TO STIPULATION, IT IS HEREBY ORDERED THAT the Second Amended Complaint attached as Exhibit A shall be filed. 4 5

IT IS SO ORDERED.

I, Jacqueline Scott Corley, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order. In compliance with General Order 45, X.B., I hereby attest that Sandra C. Isom, Counsel for Defendant, has concurred in this filing.

20100610

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