Valencia et al v. Del Rio West Pallet Company Inc. et al

Filing 23

ORDER signed by District Judge Kimberly J. Mueller on 4/24/2011. Plaintiff is ordered to file a Motion to Amend Complaint w/in 21 calendar days of this Order. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VICTORIANO VALENCIA, et al.,
Plaintiffs,

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No. CIV S-09-1228 KJM-KJN

vs.
DEL RIO WEST PALLET COMPANY
INC., et al.,

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Defendants.

ORDER
/

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As set forth in plaintiffs’ Status Report, filed April 21, 2011, and defendants’ Status

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Report, filed April 25, 2011, and further discussed at a status conference on April 27, 2011, the

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parties agree that the evidence does not support Federal Labor Standards Act jurisdiction.

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Accordingly, plaintiffs are hereby ORDERED to file a stipulation of dismissal in compliance with

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Federal Rule of Civil Procedure 41(a)(1)(ii) within seven calendar days of this order. In the event

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the plaintiffs fail to provide the aforementioned stipulation of dismissal, plaintiffs are hereby

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ORDERED to file a motion to amend the complaint within twenty-one calendar days of this order.

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IT IS SO ORDERED.
DATED: April 24, 2011.

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UNITED STATES DISTRICT JUDGE

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