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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VICTORIANO VALENCIA, et al., Plaintiffs, 11 12 13 No. CIV S-09-1228 KJM-KJN vs. DEL RIO WEST PALLET COMPANY INC., et al., 14 Defendants. ORDER / 15 16 As set forth in plaintiffs’ Status Report, filed April 21, 2011, and defendants’ Status 17 Report, filed April 25, 2011, and further discussed at a status conference on April 27, 2011, the 18 parties agree that the evidence does not support Federal Labor Standards Act jurisdiction. 19 Accordingly, plaintiffs are hereby ORDERED to file a stipulation of dismissal in compliance with 20 Federal Rule of Civil Procedure 41(a)(1)(ii) within seven calendar days of this order. In the event 21 the plaintiffs fail to provide the aforementioned stipulation of dismissal, plaintiffs are hereby 22 ORDERED to file a motion to amend the complaint within twenty-one calendar days of this order. 23 24 IT IS SO ORDERED. DATED: April 24, 2011. 25 UNITED STATES DISTRICT JUDGE 26 1

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