DiMercurio

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARCO DIMERCURIO, et al., Case No. 19-cv-04029-JSC

Plaintiffs,

ORDER GRANTING LEAVE TO

v. AMEND

EQUILON ENTERPRISES LLC, Re: Dkt. No. 123 Defendant.

12 The Court previously certified as a class action Plaintiffs’ claims for reporting time pay, wage statements, and unfair business practices. (Dkt. No. 116.) The Court declined to certify the claim for waiting time penalties and invited further briefing. (Id. at 15–17, 20.) Before the Court are Plaintiffs’ supplemental brief requesting leave to amend and class certification on that claim, the proposed Second Amended Complaint (“SAC”), and Defendant’s opposition. (Dkt. Nos. 123, 122, 125.) As explained below, the Court GRANTS leave to amend and will hear argument on the class certification issue. I. Leave to Amend “[L]eave to amend shall be freely given when justice so requires, but a district court may exercise its discretion to deny leave to amend due to undue delay,…