Phillips v. Randy's Trucking, Inc. et al

Filing 20

ORDER CLOSING CASE, signed by Magistrate Judge Jennifer L. Thurston on 1/12/2017. CASE CLOSED. (Hall, S)

1 MICHAEL L. TRACY, ESQ., SBN 237779

[e-mail]
LAW OFFICES OF MICHAEL TRACY
3 2030 Main Street, Suite 1300
Irvine, CA 92614
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T: [phone]
5 F: [phone]
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Attorneys for Plaintiff William Phillips

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LITTLER MENDELSON, P.C.
KEVIN V. KOLIGIAN, Bar No. 258711
[e-mail]
ANDREW H. WOO, Bar No. 261120
[e-mail]
5200 North Palm Avenue, Suite 302
Fresno, CA 93704.2225
Telephone: [phone]
Facsimile: 559.244.7525

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Attorneys for Defendants
RANDY'S TRUCKING, INC.; and
15 RANDY GRIFFITH, AN INDIVIDUAL; and
KYLE GRIFFITH, AN INDIVIDUAL
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BAKERSFIELD DIVISION
19 WILLIAM PHILLIPS, AN INDIVIDUAL; Case No.: 1:16-cv-00753-LJO-JLT
20 on behalf of himself and all others similarly JOINT STIPULATION AND [PROPOSED
situated,
ORDER] OF DISMISSAL ORDER
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CLOSING CASE
Plaintiff,
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(Doc. 19)

vs.

24 RANDY'S TRUCKING, INC., A
25 CALIFORNIA CORPORATION ; RANDY

GENE GRIFFITH, AN INDIVIDUAL;
26 KYLE GRIFFITH, AN INDIVIDUAL ,
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Defendants.

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STIPULATION

IT IS HEREBY STIPULATED AND AGREED, pursuant to Federal Rules of Civil

4 Procedure, Rule 41(a)(1) by and between Plaintiff WILLIAM PHILLIPS and all
5 Defendants who have appeared in this action, as follows:
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1.

This action was commenced on May 27, 2016.

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2.

The action was not certified as a class action; a receiver has not been

8 appointed and the action is not governed by any statute of the United States that requires an
9 order of the court for dismissal.
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3.

This stipulated dismissal is without prejudice for the remaining Plaintiff

11 WILLIAM PHILLIPS to participate as unnamed class members in the pending action of
12 Kevin Marking v. Randy’s Trucking, Case No. BCV-15-100180, filed May 6, 2014 in
13 Superior Court of California, County of Kern, if it is certified for a class or a class action
14 settlement is reached.
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4.

This action is hereby dismissed, in its entirety, without prejudice.

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5.

Each party to bear their own fees and costs.

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Respectfully submitted,
DATED: January 12, 2017

LAW OFFICES OF MICHAEL TRACY

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By:

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/s/ Michael Tracy
_______________________________________
MICHAEL TRACY, Attorney for Plaintiffs

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23 DATED: January 12, 2017

LITTLER MENDELSON, P.C.

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By:

/s/ Kevin Koligian
_______________________________________
KEVIN V. KOLIGIAN, Attorney for Defendant
RANDY’S TRUCKING, INC.

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[PROPOSED] ORDER

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On January 12, 2017, the parties filed a stipulation to dismiss the action. (Doc.

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3 19) Federal Rules of Civil Procedure Rule 41 provides that “the plaintiff may dismiss an
4 action without a court order by filing: . . . a stipulation of dismissal signed by all parties
5 who have appeared.”. . .” Fed. R. Civ. P. 41(a). Once such a notice has been filed, an order
6 of the Court is not required to make the dismissal effective. Fed. R. Civ. P. 41(a)(1)(ii);
7 Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, the Clerk of
8 Court is DIRECTED to close this action in light of the notice of dismissal with prejudice
9 filed and properly signed pursuant to Rule 41(a).
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IT IS SO ORDERED.
Dated:

January 12, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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