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Shawn Blouin, Individually, and On Behalf v. Comcast Corp

January 25, 2011

SHAWN BLOUIN, INDIVIDUALLY, AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
COMCAST CORP.,
DEFENDANT.



The opinion of the court was delivered by: Hon. Maria-Elena James Chief Magistrate United States District

STIPULATION AND [PROPOSED] ORDER TO FILE FIRST AMENDED COMPLAINT

Date Action Filed: September 17, 2008

Date Removed: October 17, 2008 Trial Date: None

("Plaintiff") and Defendant Comcast Corp. ("Defendant"), based upon the 4 following facts:

Alameda County Superior Court (case no. RG0410127).

States District Court for the Northern District of California.

setting a 12-day trial to commence on May 3, 2010.

discovery and scheduled a private mediation, to promote settlement and avoid 14 14 14 prejudice to the parties, the Court revised the case management schedule and continued the trial to July 26, 2010.

mediation was rescheduled to December 16, 2009 to permit additional time for 18 18 18 discovery and data collection, good cause appearing, the Court ordered a 19 19 19 modification to the case management schedule and continued the trial to

7. On March 1, 2010, the parties advised the Court that they would participate in a second private mediation on June 8, 2010. Good cause 23 23 23 appearing, the Court vacated all deadlines and ordered the parties to submit 24 24 24 revised deadlines within 10 days after the mediation.

the depositions of Plaintiff and other fact witnesses, the parties engaged in a 27 27 27 second private mediation session. On June 21, 2010, a mediator's proposal was

This Stipulation is entered into by and between Plaintiff Shawn Blouin

1. On September 17, 2008, Plaintiff filed a Class Action Complaint in

2. On October 15, 2008, Defendant filed an Answer to the Complaint.

3. On October 17, 2008, Defendant removed this action to the United

4. On January 16, 2009, the Court issued a Case Management Order,

5. On June 29, 2009, after the parties engaged in extensive fact Spiro Moss llp

6. On September 24, 2009, after the parties informed the Court that the

September 20, 2010. The mediation did not result in a settlement.

8. On June 8, 2010, after engaging in further discovery and conducting accepted by both parties. On June 25, 2010, the parties filed a Notice of Settlement.

9. The proposed First Amended Complaint seeks to add claims for additional relief under the California Labor Code Private Attorneys General Act, California Labor Code sections 2698 et seq., and the Fair Labor Standards Act, 29 U.S.C. sections 201 et seq. These additional claims are based on the same 7 underlying facts as those alleged in the initial complaint. The proposed First Amended Complaint is attached as Exhibit A.

10. The parties have not previously sought leave to amend the pleadings.

Based on the foregoing, the parties stipulate as follows:

1. Plaintiff may file the proposed First Amended Complaint attached

as Exhibit A;

2. Plaintiff's First Amended Complaint will be deemed filed and served on the date of entry of the Court Order granting leave to file the First Amended Complaint; and

2. Plaintiff's First Amended Complaint is deemed filed and served on the date of entry of this Order; and

3. Defendant's Answer to the original Complaint is deemed its Answer to the First Amended Complaint.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

COURT JUDGE

DB2/22031288.2

Spiro Moss llp

Ira Spiro - State Bar No. 67641 ira@spiromoss.com SPIRO MOSS LLP 11377 W. Olympic Blvd., 5th Floor Los Angeles, California 90064-1683 Telephone: (310) 235-2468 Facsimile: (310) 235-2456 555 Attorneys for Plaintiff

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

SHAWN BLOUIN, individually and on Case No.: 3:08-CV-04787-MEJ behalf of other persons similarly situated, CLASS ACTION Plaintiff, v. Spiro Moss llp COMCAST CORPORATION, and DOES 1 through 50, 1. Failure to Pay Overtime and Defendants.

FIRST AMENDED COMPLAINT FOR DAMAGES AND RESTITUTION

Minimum Wages, Labor Code 1194

2. Unfair Competition in Violation ofBusiness and Prof. ...


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