Willis v. Enterprise Drilling Fluids, Inc. et al

Filing 85

ORDER DISMISSING CASE signed by Magistrate Judge Jennifer L. Thurston on 08/15/2017. CASE CLOSED.(Flores, E)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 PETER R. DION-KINDEM (SBN 95267) THE DION-KINDEM LAW FIRM PETER R. DION-KINDEM, P. C. 21550 Oxnard Street, Suite 900 Woodland Hills, California 91367 Telephone: (818) 883-4900 Fax: (818) 883-4902 Email: peter@dion-kindemlaw.com LONNIE C. BLANCHARD, III (SBN 93530) THE BLANCHARD LAW GROUP, APC 3311 East Pico Boulevard Los Angeles, CA 90023 Telephone: (213) 599-8255 Fax: (213) 402-3949 Email: lonnieblanchard@gmail.com JEFF HOLMES (SBN 100891) HOLMES LAW GROUP, APC 3311 East Pico Boulevard Los Angeles, CA 90023 Telephone: (310) 396-9045 Fax: (970) 497-4922 Email: jeffholmesjh@gmail.com Attorneys for Plaintiff Kenneth Willis 16 17 UNITED STATES DISTRICT COURT 18 19 20 21 22 EASTERN DISTRICT OF CALIFORNIA Kenneth Willis, an individual, on behalf of himself and all others similarly situated, Plaintiff, vs. Case No. 1:15-CV-00688- JLT (Assigned to the Hon. Jennifer L. Thurston) Joint Stipulation of Voluntary Dismissal of Case and [Proposed] Order Thereon (Doc. 84) 23 24 25 26 27 Enterprise Drilling Fluids, Inc., James Joslyn, Driltek, Inc., and Does 1 through 10, Defendants. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff Kenneth Willis (“Willis”) and Defendants Enterprise Drilling Fluids, Inc. and James Joslyn (“Defendants”). 28 {00080383;1} Joint Stipulation of Voluntary Dismissal of Case and [Proposed] Order Thereon 1 1 1. 2 providing for the payment of certain sums by Defendants to Plaintiff, the last of which is due 3 4 Plaintiff and Defendants have entered into a confidential non-class settlement agreement approximately 97 days from August 14, 2017; 2. 5 Upon payment of the sums owing by Defendants to Plaintiffs, a. 6 individual claims belonging to Willis against Defendants; 7 b. 8 c. 10 14 Plaintiff agrees to the voluntary dismissal without prejudice of all purported PAGA claims against Defendants; 3. 12 13 Plaintiff agrees to the voluntary dismissal without prejudice of all purported class claims of Willis against Defendants; 9 11 Plaintiff’s agrees to the voluntary dismissal with prejudice of any and all purported This Stipulation shall not affect any individual, class or PAGA claims against Defendant Driltek, Inc. 4. This dismissal is without an award of attorneys’ fees, interest, or costs to any party as between Willis and Defendants, as each side will bear their own attorney’s fees and costs. 15 16 Dated: August 15, 2017 17 THE DION-KINDEM LAW FIRM BY: 18 19 20 Dated: August 15, 2017 /s Peter R. Dion-Kindem PETER R. DION-KINDEM, P.C. PETER R. DION-KINDEM Attorney for Plaintiff Kenneth Willis LAW OFFICES OF LEBEAU ∙ THELEN, LLP 21 BY: 22 23 24 /S DANIELKLINGENBERGER DANIEL K. KLINGENBERGER Attorneys for Defendant Enterprise Drilling Fluids, Inc. and James Joslyn 25 26 27 28 {00080383;1} Joint Stipulation of Voluntary Dismissal of Case and [Proposed] Order Thereon 2 1 2 ORDER The parties have stipulated to dismiss the action with prejudice with each party bearing their own 3 fees and costs. (Doc. 84 at 2) The stipulation of dismissal does not impact the rights of the class or 4 impact that the PAGA claims may proceed in a different action. Id. 5 Federal Rules of Civil Procedure 41permits the plaintiff to dismiss an action without a court 6 order “by filing . . . a stipulation of dismissal signed by all parties who have appeared.” Fed. R. Civ. P. 7 41(a)(1)(A)(ii). Because all parties who have appeared in the action signed the stipulation (Doc. 79), it 8 “automatically terminate[d] the action.” Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). 9 Accordingly, the Clerk of Court is DIRECTED to close this action. 10 11 12 IT IS SO ORDERED. Dated: August 15, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 {00080383;1} Joint Stipulation of Voluntary Dismissal of Case and [Proposed] Order Thereon 3

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