Valencia et al v. Del Rio West Pallet Company Inc. et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
VICTORIANO VALENCIA, et al.,
No. CIV S-09-1228 KJM-KJN
DEL RIO WEST PALLET COMPANY
INC., et al.,
As set forth in plaintiffs’ Status Report, filed April 21, 2011, and defendants’ Status
Report, filed April 25, 2011, and further discussed at a status conference on April 27, 2011, the
parties agree that the evidence does not support Federal Labor Standards Act jurisdiction.
Accordingly, plaintiffs are hereby ORDERED to file a stipulation of dismissal in compliance with
Federal Rule of Civil Procedure 41(a)(1)(ii) within seven calendar days of this order. In the event
the plaintiffs fail to provide the aforementioned stipulation of dismissal, plaintiffs are hereby
ORDERED to file a motion to amend the complaint within twenty-one calendar days of this order.
IT IS SO ORDERED.
DATED: April 24, 2011.
UNITED STATES DISTRICT JUDGE
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