Willis v. Enterprise Drilling Fluids, Inc. et al
Filing
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ORDER DISMISSING CASE signed by Magistrate Judge Jennifer L. Thurston on 08/15/2017. CASE CLOSED.(Flores, E)
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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
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UNITED STATES DISTRICT COURT
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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)
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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”).
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{00080383;1}
Joint Stipulation of Voluntary Dismissal of Case and [Proposed] Order Thereon
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providing for the payment of certain sums by Defendants to Plaintiff, the last of which is due
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Plaintiff and Defendants have entered into a confidential non-class settlement agreement
approximately 97 days from August 14, 2017;
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Upon payment of the sums owing by Defendants to Plaintiffs,
a.
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individual claims belonging to Willis against Defendants;
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b.
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c.
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Plaintiff agrees to the voluntary dismissal without prejudice of all purported PAGA
claims against Defendants;
3.
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Plaintiff agrees to the voluntary dismissal without prejudice of all purported class claims
of Willis against Defendants;
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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.
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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.
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Dated: August 15, 2017
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THE DION-KINDEM LAW FIRM
BY:
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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
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BY:
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/S DANIELKLINGENBERGER
DANIEL K. KLINGENBERGER
Attorneys for Defendant Enterprise Drilling Fluids,
Inc. and James Joslyn
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{00080383;1}
Joint Stipulation of Voluntary Dismissal of Case and [Proposed] Order Thereon
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ORDER
The parties have stipulated to dismiss the action with prejudice with each party bearing their own
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fees and costs. (Doc. 84 at 2) The stipulation of dismissal does not impact the rights of the class or
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impact that the PAGA claims may proceed in a different action. Id.
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Federal Rules of Civil Procedure 41permits the plaintiff to dismiss an action without a court
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order “by filing . . . a stipulation of dismissal signed by all parties who have appeared.” Fed. R. Civ. P.
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41(a)(1)(A)(ii). Because all parties who have appeared in the action signed the stipulation (Doc. 79), it
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“automatically terminate[d] the action.” Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).
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Accordingly, the Clerk of Court is DIRECTED to close this action.
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IT IS SO ORDERED.
Dated:
August 15, 2017
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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{00080383;1}
Joint Stipulation of Voluntary Dismissal of Case and [Proposed] Order Thereon
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