Obando v. Compass Group USA, Inc.

Filing 23

ORDER on Joint Stipulation to Set Aside and Vacate the November 20, 2017 Judgment, and to Dismiss the Action With Prejudice signed by Magistrate Judge Erica P. Grosjean on 2/9/2018. (Jessen, A)

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1 2 3 4 5 6 Lonnie D. Giamela (SBN 228435) lgiamela@fisherphillips.com Nathan V. Okelberry (SBN 266956) nokelberry@fisherphillips.com FISHER & PHILLIPS LLP 444 South Flower Street, Suite 1590 Los Angeles, California 90071 Telephone: (213) 330-4500 Facsimile: (213) 330-4501 Attorneys for Defendant COMPASS GROUP USA, INC. 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ARNOLD OBANDO , PLAINTIFF, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. COMPASS GROUP USA, INC. DBA CANTEEN VENDING SERVICES; AND DOES 1 THROUGH 100, INCLUSIVE, CASE NO.: 1:16-CV-01124-EPG Assigned to the Honorable: Magistrate Judge Erica P. Grosjean ORDER ON JOINT STIPULATION TO SET ASIDE AND VACATE THE NOVEMBER 20, 2017 JUDGMENT, AND TO DIMISS THE ACTION WITH PREJUDICE DEFENDANT. (Removed from Stanislaus County Superior Court, Case No. 9000043) Complaint filed: Removed: May 27, 2016 August 1, 2016 1 2 3 4 5 PURSUANT TO THE PARTIES’ STIPULATION, AND GOOD CAUSE HAVING BEEN SHOWN, IT IS SO ORDERED: The November 20, 2017 Judgment entered against Defendant is hereby set aside and vacated; and This action is dismissed with prejudice in its entirety. 6 7 8 IT IS SO ORDERED. Dated: February 9, 2018 /s/ UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 [PROPOSED] ORDER ON STIPULATION TO SET ASIDE DEFAULT AND VACATE JUDGMENT FPDOCS 33709495.1 PROOF OF SERVICE (CCP § 1013(a) and 2015.5) 1 2 3 4 5 6 I, the undersigned, am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; am employed with the law offices of Fisher & Phillips LLP and my business address is 444 South Flower Street, Suite 1590, Los Angeles, California 90071. On February 9, 2018, I served the foregoing document entitled [PROPOSED] ORDER ON STIPULATION TO CONTINUE THE TRIAL DATE AND ALL RELATED DATES on all the appearing and/or interested parties in this action as follows: 7 8 9 10 11 12 David C. Rancano Tejinderpal S. Sanghera Viloleta Diaz RANCANO & RANCANO 1300 10th Street, Suite C Modesto, CA 95354 [by MAIL] - I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Los Angeles, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postage cancellation date or postage meter date is more than one day after date of deposit for mailing this affidavit.  [by ELECTRONIC SUBMISSION] - I served the above listed document(s) described via the United States District Court’s Electronic Filing Program on the designated recipients via electronic transmission through the CM/ECF system on the Court’s website. The Court’s CM/ECF system will generate a Notice of Electronic Filing (NEF) to the filing party, the assigned judge, and any registered users in the case. The NEF will constitute service of the document(s). Registration as a CM/ECF user constitutes consent to electronic service through the court’s transmission facilities. 14 16 17 18 19 20 21 22 Tel: (209) 549-2000 Fax: (209) 526-1101  13 15 Attorneys for Plaintiff ARNOLD OBANDO I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. Executed February 9, 2018, at Los Angeles, California. 23 MELODY BIGLAY 24 Print Name By: /s/ MELODY BIGLAY Signature 25 26 27 28 2 PROOF OF SERVICE FPDOCS 33709495.1

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