Silveira et al v. State of California et al

Filing 56

STIPULATION to DISMISS Plaintiffs' Second Amended Complaint; ORDER GRANTING DISMISSAL FRCP 41(a)(2), signed by District Judge Anthony W. Ishii on 02/28/2014. (Martin-Gill, S)

1 BLECHER COLLINS PEPPERMAN & JOYE, P.C.
Maxwell M. Blecher (State Bar No. 26202)
2 [e-mail]
Donald R. Pepperman (State Bar No. 109809)
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[e-mail]
4 Majed Dakak (State Bar No. 271875)
[e-mail]
5 515 South Figueroa Street, Suite 1750
Los Angeles, CA 90071
6 Phone: [phone]
[phone]
7 Fax:

8 Attorneys for Plaintiffs
9 (Appearances for Additional Counsel on Next Page)
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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CARLOS SILVEIRA, GEORGETTE
14 PICKETT, and CHARLES HUGHES, as
individuals, and on behalf of all other similarly
15 situated,
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Plaintiff,

Case No. 1:13-CV-00084-AWI-BAM
STIPULATION TO DISMISS
PLAINTIFFS’ SECOND AMENDED
COMPLAINT;
ORDER GRANTING DISMISSAL
[FRCP 41(a)(2)]

vs.

18 JEFFREY A. BEARD, in his capacity as the
Secretary of the California Department of
19 Corrections and Rehabilitation; and DOES 2
through 10, inclusive,
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Defendant.
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The Hon. Anthony W. Ishii
Courtroom: 2

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STIPULATION AND [PROPOSED] ORDER GRANTING DISMISSAL

1 DIVERSITY LAW GROUP, P.C.
Larry W. Lee (State Bar No. 228175)
2 [e-mail]
550 South Hope Street, Suite 2655
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Los Angeles, CA 90071
4 Phone: [phone]
Fax:
[phone]
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HYUN LEGAL, APC
6 Dennis S. Hyun (State Bar No. 224240)
[e-mail]
7 550 South Hope Street, Suite 2655
Los Angeles, CA 90071
8 Phone: [phone]
[phone]
9 Fax:
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STIPULATION AND [PROPOSED] ORDER GRANTING DISMISSAL

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Whereas, on January 16, 2013, Plaintiffs filed their original complaint in this

2 action, Case No. 1:13-CV-00084-AWI-BAM;
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Whereas, on June 26, 2013, Plaintiffs filed their operative second amended

4 complaint in this action;
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Whereas, for the past several months, the parties have engaged in informal

6 discovery with the hope that informal discovery might facilitate prompt resolution
7 of the action prior to the commencement of formal discovery;

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Whereas, Defendant has produced in informal discovery documents and

9 supporting information related to the administration of Plaintiffs’ wages, including
10 payroll, contract and policy documents;
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Whereas, Defendant and Plaintiffs have conferred on multiple occasions

12 regarding the merits of Plaintiffs’ allegations that Defendant’s policies violate the
13 Fair Labor Standards Act;
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Whereas, Plaintiffs have now completed their review of the information and

15 documents produced in informal discovery; and, based on the information provided,
16 Plaintiffs believe that a vast amount of expenses will incur by continuing this
17 litigation and the parties have agreed to dismiss the matter without prejudice and
18 without an award of costs or fees to any party;
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Accordingly, the parties to this action, through their respective attorneys of

20 record, hereby STIPULATE and REQUEST that this Court, pursuant to Federal
21 Rule of Civil Procedure 41(a)(2), hereby dismiss, without prejudice and without an
22 award of costs or attorney’s fees to any party, the above-captioned lawsuit filed
23 against Defendant Jeffrey A. Beard in his capacity as the Secretary of the California
24 Department of Corrections and Rehabilitation.
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-1STIPULATION AND [PROPOSED] ORDER GRANTING DISMISSAL

1 February 27, 2014

BLECHER & COLLINS, P.C.

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By:

/s/ Maxwell M. Blecher
Maxwell M. Blecher
Attorneys for PLAINTIFFS and
CONSENTERS

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6 February 27, 2014

DIVERSITY LAW GROUP, P.C.

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By:

/s/ Larry W. Lee
Larry W. Lee
Attorneys for PLAINTIFFS and
CONSENTERS

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11 February 27, 2014

HYUN LEGAL, APC

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By:

/s/ Dennis S. Hyun
Dennis S. Hyun
Attorneys for PLAINTIFFS and
CONSENTERS

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February 27, 2014
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JOAN A. MARKOFF
Chief Counsel
DAVID J. NEILL
Deputy Chief Counsel

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By:

/s/ David D. King
David D. King
Attorneys for DEFENDANT

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-2STIPULATION AND [PROPOSED] ORDER GRANTING DISMISSAL

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ORDER
In consideration of the Parties’ Stipulation and Request, and good cause

10 having been shown, it is ORDERED, pursuant to Federal Rule of Civil Procedure
11 41(a)(2), that the above-captioned lawsuit, Case No. 1:13-CV-00084-AWI-BAM, is
12 hereby DISMISSED without prejudice and without an award of costs or attorney’s
13 fees.
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15 IT IS SO ORDERED.
16 Dated: February 28, 2014
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SENIOR DISTRICT JUDGE

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-3STIPULATION AND [PROPOSED] ORDER GRANTING DISMISSAL