Case No. 14-CV-02694-RS.

LODUSKY McCOWEN, on behalf of himself and all others similarly situated, Plaintiffs, v. TRIMAC TRANSPORTATION SERVICES (WESTERN), INC., a Delaware corporation; an DOES 1 through 10, inclusive, Defendants.

United States District Court, N.D. California.

January 25, 2016.

Attorney(s) appearing for the Case

Lodusky McCowen, Plaintiff, represented by Christina Ann Humphrey , Marlin & Saltzman, Leslie H. Joyner , Marlin Saltzman, LLP & Stanley Donald Saltzman , Marlin & Saltzman.

Trimac Transportation Services (Western), Inc., Defendant, represented by Richard Howard Rahm , Littler Mendelson & Angela Joy Rafoth , Littler Mendelson, PC.


Plaintiff LUDUSKY McCOWEN ("Plaintiff") and Defendant TRIMAC TRANSPORTATION SERVICES (WESTERN), INC. ("Defendant"), by and through their undersigned attorneys of record, hereby stipulate as follows:

WHEREAS, on June 10, 2014, Plaintiff filed a putative class action Complaint against Defendant alleging the following causes of action: (1) failure to pay minimum wages for all hours worked; (2) failure to pay designated rates for all hours worked; (3) wages below the designated rate for actual miles driven; (4) failure to provide meal periods; (5) failure to provide rest periods; (6) failure to timely furnish accurate, itemized wage statements; (7) failure to pay all wades due at time of termination of employment; (8) violation of California's Unfair Competition Act (Bus. & Prof. Code §§ 17200, et seq.); and (9) for civil penalties pursuant to the California Private Attorneys General Act (Labor Code §§ 2698, et seq.);

WHEREAS on June 10, 2014, Plaintiff sent notice to the Labor Workforce Development Agency (LWDA) of the violations alleged in the Complaint and the facts and theories which support said alleged violations, along with a copy of the Complaint;

WHEREAS, Defendant filed its Answer on August 1, 2014;

WHEREAS, more than thirty-three days (33) calendar days have passed since Plaintiff gave notice to the LWDA, but the LWDA has provided no notice that it intends to investigate the alleged violations;

WHEREAS, Plaintiff now seeks to file a First Amended Complaint adding allegations that the jurisdictional prerequisites to the maintenance of Plaintiff's Ninth Cause of Action have been satisfied;

WHEREAS, Defendant does not oppose the filing of the First Amended Complaint.

NOW, THEREFORE, it is hereby stipulated by the parties, through their respective counsel of record, that Plaintiffs shall be granted leave to file the First Amended Complaint attached hereto as Exhibit A.



In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this document has been obtained from the signatories on this e-filed document.


Upon consideration of the Stipulation to File First Amended Complaint filed by Plaintiff LUDUSKY MCCOWEN ("Plaintiff") and Defendant TRIMAC TRANSPORTATION SERVICES (WESTERN), INC. ("Defendant") (collectively, the "Parties"), and for good cause shown, the Court hereby APPROVES the Parties' stipulation and GRANTS Plaintiff leave to file his First Amended Complaint.


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