Donnie Cummings et al v. Cenergy International Services, LLC

Filing 49

NOTICE OF SETTLEMENT AND PARTIAL DISMISSAL; JOINT STIPULATION TO STAY PENDING SETTLEMENT APPROVAL; AND ORDER THEREON signed by Chief Judge Lawrence J. O'Neill on May 29, 2018. (Munoz, I)

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NINA HUERTA (SBN: 229070)
[e-mail]
MATTHEW B. NAZARETH (SBN 278405)
[e-mail]
LOCKE LORD LLP
300 South Grand Avenue, Suite 2600
Los Angeles, CA 90071
Telephone: [phone]
Fax: [phone]

MATTHEW C. HELLAND, SBN 250451
[e-mail]
DANIEL S. BROME, 278915
[e-mail]
NICHOLS KASTER, LLP
235 Montgomery St.
Suite 810
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415-277-7238

Attorneys for Defendant
CENERGY INTERNATIONAL
SERVICES, LLC

Attorneys for Plaintiffs DONNIE CUMMINGS
and CHARLES BEATY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DONNIE CUMMINGS, ET AL.,

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Plaintiffs,
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vs.
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CENERGY INTERNATIONAL SERVICES, LLC, )
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Defendant.
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CASE NO. 1:17-cv-00484-LJO-JLT
Hon. Lawrence J. O’Neill
NOTICE OF SETTLEMENT AND
PARTIAL DISMISSAL; JOINT
STIPULATION TO STAY PENDING
SETTLEMENT APPROVAL; AND
ORDER THEREON

Complaint filed: April 5, 2017

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NOTICE OF SETTLEMENT AND PARTIAL DISMISSAL, AND JOINT STIPULATION TO STAY PENDING
SETTLEMENT APPROVAL
Cummings et al. v. Cenergy International Services, LLC

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TO THE COURT AND THE CLERK OF COURT, PLEASE TAKE NOTICE THAT

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Pursuant to Local Rule 143, Plaintiffs Donnie Cummings and Charles Beaty (collectively,

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“Plaintiffs”), and Defendants Cenergy International Services, LLC (“Defendant” or “Cenergy”)

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(together with Plaintiffs, the “Parties”), jointly file this Notice of Settlement, Partial Dismissal, and

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Stipulation to Stay, with proposed order:

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WHEREAS, Plaintiff Donnie Cummings and non-party Cummings Consulting, LLC have

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entered into a settlement agreement with Cenergy that resolves Plaintiff Cummings’ claims in this

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matter and Cenergy’s requests for indemnification (the “Cummings Settlement”);

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WHEREAS, the Cummings Settlement does not resolve Plaintiff Cummings’ Fair Labor

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Standards Act (“FLSA”) or state law claims against Chevron, which continue to go forward in

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arbitration and in front of the United States District Court for the Northern District of California in

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the matter of McQueen v. Chevron Corp., Case No. 4:16-cv-02089-JSW (“McQueen”);

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WHEREAS, Plaintiff Charles Beaty and non-party Drilling Consultants, Inc. have entered

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into a settlement agreement with Defendant Cenergy and unnamed third parties Chevron

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Corporation and Chevron U.S.A., Inc. (the “Beaty Settlement”);

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WHEREAS, the Beaty Settlement does resolve Mr. Beaty’s FLSA claims that were
originally pled in the McQueen action;
WHEREAS, the Beaty Settlement is subject to Court approval in McQueen because it
releases FLSA claims;
WHEREAS, the Cummings Settlement requires that Plaintiff Cummings dismiss his claims
in this action with prejudice;
WHEREAS, the Beaty Settlement requires that Plaintiff Beaty dismiss his claims in this
action with prejudice, but only after approval of the settlement in McQueen;
WHEREAS, due to the Court’s calendar in McQueen, Plaintiff Beaty’s motion for settlement
approval will not be heard until August at the earliest;
WHEREAS, the Court has taken Cenergy’s Motion to Compel Arbitration (ECF No. 36)
under submission; and

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NOTICE OF SETTLEMENT AND PARTIAL DISMISSAL, AND JOINT STIPULATION TO STAY PENDING
SETTLEMENT APPROVAL
Cummings et al. v. Cenergy International Services, LLC

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WHEREAS, Cenergy’s deadline to oppose Plaintiffs’ Motion for Summary Judgment (ECF
No. 38) is currently Wednesday, May 30.

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NOW THEREFORE, the Parties hereby stipulate that:

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1.

Plaintiff Donnie Cummings’ claims are dismissed from this action with prejudice,

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pursuant to Rule 41(a)(1)(A)(2) of the Federal Rules of Civil Procedure, with each

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party to bear their own fees and costs;

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2.

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Plaintiffs hereby withdraw their Motion for Summary Judgment (ECF No. 38)
without prejudice to refile;

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The Parties jointly request that the Court stay this action and vacate all pending

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motions and deadlines as to Plaintiff Beaty, and set an Order to Show Cause Re:

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Dismissal for September 28, 2018, by which time the Parties will provide a status

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update and/or request for dismissal as to Plaintiff Beaty.

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IT IS SO STIPULATED

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Dated: May 29, 2018

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Respectfully submitted,
NICHOLS KASTER, LLP

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By: /s/ Matthew C. Helland
Matthew C. Helland
Daniel S. Brome
Attorney for Plaintiffs,
DONNIE CUMMINGS and CHARLES BEATY

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Dated: May 29, 2018

LOCKE LORD LLP

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By: /s/ Nina Huerta
Nina Huerta
Attorney for Defendant
CENERGY INTERNATIONAL SERVICES, LLC

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ORDER RE: NOTICE OF SETTLEMENT AND PARTIAL DISMISSAL, AND JOINT STIPULATION TO STAY
Cummings et al. v. Cenergy International Services, LLC

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ORDER
Pursuant to the Parties’ stipulation, set forth above:

IT IS SO ORDERED.
Dated:

May 29, 2018

/s/ Lawrence J. O’Neill _____
UNITED STATES CHIEF DISTRICT JUDGE

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NOTICE OF SETTLEMENT AND PARTIAL DISMISSAL, AND JOINT STIPULATION TO STAY PENDING
SETTLEMENT APPROVAL
Cummings et al. v. Cenergy International Services, LLC