Sandra Garybo et al v. Leonardo Bros et al

Filing 54

ORDER Closing the Case as to Golden West Labor only and ORDER Discharging the Order to Show Cause signed by Magistrate Judge Jennifer L. Thurston on 4/4/2018. (Jessen, A)

1 STAN S. MALLISON (Bar No. 184191)
HECTOR R. MARTINEZ (Bar No. 206336)
2 MARCO A. PALAU (Bar. No. 242340)
JOSEPH D. SUTTON (Bar No. 269951)
3 ERIC S. TRABUCCO (Bar No. 295473)
MALLISON & MARTINEZ
4 1939 Harrison Street, Suite 730
Oakland, California 94612-3547
5 Telephone: [phone]
Facsimile: [phone]
6
MARIO MARTÍNEZ, (Bar No. 200721)
7 MARTÍNEZ AGUILASOCHO & LYNCH, APLC
P.O. Box 11208
Bakersfield, California. 93389-1208
8 Telephone: [phone]
Facsimile: [phone]
9 Attorneys for Plaintiff
10 Anthony Raimondo (Bar No. 200387)
Gerardo Hernandez (Bar No. 292809_
11 Raimondo & Associates
7080 N. Marks Avenue, Suite 117
12 Fresno, CA 93711
Telephone: [phone]
13 Facsimile: [phone]
Attorneys for Defendant Cal West Ag Services, Inc.
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA—FRESNO DIVISION

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18 Plaintiffs SANDRA GARYBO and AGUSTIN
VEGA, on behalf of themselves and all others
19 similarly situated,
20
21

Plaintiffs,
vs.

22 LEONARDO BROS., form unknown,
GOLDEN WEST LABOR, form unknown,
23 and DOES 1 through 20, inclusive,
24

Case No. 1:15-cv-01487-DAD-JLT
ORDER COSING THE CASE AS TO
GOLDEN WEST LABOR ONLY; ORDER
DISCHARGING THE ORDER TO SHOW
CAUSE
(Docs. 51, 52)

Defendants.

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1
PARTIES’ STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF GOLDEN WEST WITH
PREJUDICE
CASE NO. 1:15-cv-01487-DAD-JLT

1

TO THIS HONORABLE COURT AND ALL PARTIES AND THEIR COUNSEL

2 OF RECORD:
Plaintiffs Sandra Garybo and Agustin Vega (“Plaintiffs”) and Defendant Golden West

3

4 Labor, through their respective counsel of record, hereby stipulate to the dismissal of all causes of
5 action as to Defendant Golden West Labor with prejudice in this action.
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Plaintiffs and Defendant Golden West Labor further stipulate that each party is to bear its

7 own costs and attorneys’ fees.
8

It is so stipulated.

9
10 DATED: March 7, 2018

MALLISON & MARTINEZ

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By:

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/s/ Stan S. Mallison

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DATED: March 7, 2018

RAIMONDO & ASSOCIATES

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By:

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/s/ Gerardo Hernandez

ORDER

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The parties have stipulated to dismiss the action as to Golden West Labor with each side to

18 bear their own fees and costs. (Doc. 52) The stipulation relies upon Fed.R.Civ.P. 41, which
19 permits the plaintiff to dismiss an action without a court order “by filing . . . a stipulation of
20 dismissal signed by all parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). Because the
21 plaintiffs and Golden West Labor have signed the stipulation (Doc. 52), it “automatically
22 terminate[d] the action.” Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).
23 Accordingly, the Clerk of Court is DIRECTED to close this action as to Golden West Labor only.1
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IT IS SO ORDERED.
Dated:

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April 4, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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1

In addition, the order to show cause (Doc. 51) is DISCHARGFED.

2
PARTIES’ STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF GOLDEN WEST WITH
PREJUDICE
CASE NO. 1:15-cv-01487-DAD-JLT