Buck v. Cemex Construction Materials Pacific LLC et al

Filing 57

ORDER OF JUDGMENT AGAINST PLAINTIFF, TRISHA BUCK signed by District Judge Lawrence J. O'Neill on 11/5/2014. CASE CLOSED. (Lundstrom, T)

1 HANSON BRIDGETT LLP
DOROTHY S. LIU, SBN 196369
2 [e-mail]
DAVID A. ABELLA, SBN 275982
3 [e-mail]
425 Market Street, 26th Floor
4 San Francisco, California 94105
Telephone:
[phone]
5 Facsimile:
[phone]
6 Attorneys for Defendants CEMEX, INC. and
CEMEX CONSTRUCTION MATERIALS
7 PACIFIC, LLC
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION
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TRISHA BUCK, on behalf of herself, and all
12 others similarly situated,

CASE NO. 13-cv-00701-LJO-MJS
[CLASS ACTION]

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Plaintiff,
ORDER OF JUDGMENT AGAINST
PLAINTIFF TRISHA BUCK

v.

15 CEMEX, INC., a Louisiana Corporation;
CEMEX CONSTRUCTION MATERIALS
16 PACIFIC, LLC, a Delaware Limited Liability
Company; and DOES 1-50, inclusive,
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Defendants.
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The Honorable Lawrence J. O’Neill

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10584786.1

-1ORDER OF JUDGMENT AGAINST PLAINTIFF TRISHA BUCK

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This action came before the Court pursuant to Defendants' Motion for Judgment on the

2 Pleadings and Motion to Strike (ECF Docket Nos. 45, 46). The issues have been briefed by both
3 parties and a decision has been rendered.
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WHEREAS, this Court GRANTED Defendants' Motion for Judgment on the Pleadings

5 (ECF Docket No. 55);
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WHEREAS, this Court's Order Granting Defendants' Motion for Judgment on the

7 Pleadings (ECF Docket No. 55) ordered Plaintiff to file a written statement certifying that she
8 exhausted the collective bargaining agreement's grievance procedure no later than October 25,
9 2014; and,
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WHEREAS, this Court's Order Granting Defendants' Motion for Judgment on the

11 Pleadings (ECF Docket No. 55) stated that Plaintiff's request for leave to amend her complaint
12 would be DENIED on the basis of futility if Plaintiff failed to file the written statement certifying
13 that she exhausted the grievance procedure by October 25, 2014; and,
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WHEREAS, Plaintiff failed to file a written statement certifying that she exhausted the

15 grievance procedure, as ordered by the Court; therefore,
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Pursuant to this Court’s Order Granting Defendants' Motion for Judgment on the Pleadings

17 (ECF Docket No. 55), IT IS SO ORDERED AND ADJUDGED that Plaintiff Trisha Buck take
18 nothing, that all claims brought by Plaintiff be dismissed, that Judgment is entered against Plaintiff
19 in accordance with the Order Granting Defendants' Motion for Judgment on the Pleadings, filed on
20 October 24, 2014 (ECF Docket No. 55), that Defendants recover their costs as to Plaintiff; and that
21 the Clerk of the Court is directed to close this case.
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23 IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill

November 5, 2014

UNITED STATES DISTRICT JUDGE

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10584786.1

-2ORDER OF JUDGMENT AGAINST PLAINTIFF TRISHA BUCK