George Penate v. Bank of America, National Association et al

Filing 17

ORDER GRANTING STIPULATION OF DISMISSAL WITH PREJUDICE by Judge Manuel L. Real: Upon Stipulation 16 , IT IS HEREBY ORDERED that all of Plaintiff's individual claims asserted in Plaintiff's Complaint in the action are dismissed with prejudi ce pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Pursuant to the Parties' Stipulation, each party shall bear their own respective attorney's fees and costs except as may be explicitly set forth in the Parties' settlement agreement. IT IS FURTHER ORDERED THAT the claims of the similarly situated employees Plaintiff purports to represent, asserted in the Sixth Cause of Action for alleged violation of California Labor Code Section 2698, et. seq., are dismissed without prejudice. (gk)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 GEORGE PENATE, an individual, CASE NO. 2:16-cv-02785-R-MRW Plaintiff, ORDER GRANTING STIPULATION OF DISMISSAL WITH PREJUDICE 11 12 [Fed.R.Civ.P. 41(a)(1)(A)(ii)] vs. 13 14 15 16 BANK OF AMERICA. NATIONAL ASSOCIATION, a North Carolina Corporation, and DOES 1-10, inclusive Defendants. 17 18 19 20 ORDER GRANTING STIPULATION OF DISMISSAL WITH PREJUDICE 1 2 3 ORDER Having reviewed and considered the Stipulation of Dismissal with Prejudice of All Claims Asserted by Plaintiff George Penate submitted by Plaintiff George Penate and Defendant Bank of America, N.A.: 4 5 6 IT IS HEREBY ORDERED that all of Plaintiff’s individual claims asserted in Plaintiff’s Complaint in the above-referenced action are dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Pursuant to the Parties’ Stipulation, each party shall bear their own respective attorney’s fees and costs except as 7 8 9 may be explicitly set forth in the Parties’ settlement agreement. IT IS FURTHER ORDERED THAT the claims of the similarly situated employees Plaintiff purports to represent, asserted in the Sixth Cause of Action for alleged violation of California Labor Code Section 2698, et. seq., are dismissed without prejudice. 10 IT IS SO ORDERED. 11 12 DATED: January 3, 2017 13 14 HONORABLE MANUEL L. REAL UNITED STATES DISTRICT JUDGE 15 16 17 18 1 19 20 ORDER GRANTING STIPULATION OF DISMISSAL WITH PREJUDICE

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