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

Filing 26

ORDER signed by District Judge Kimberly J. Mueller on 7/11/11 ORDERING that the FLSA claims are dismissed with prejudice; state law claims are dismissed without prejudice. CASE CLOSED. (Manzer, C)

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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.,

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Plaintiff,

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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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This matter is before the court on plaintiff’s motion to dismiss in accordance with

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Federal Rule of Civil Procedure 41(a)(2). ECF 24. Defendants have not opposed the motion. On

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May 4, 2009, plaintiffs filed a complaint in this court alleging violations of the Federal Labor

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Standards Act (“FLSA”) along with related state claims. ECF 2. As set forth in Plaintiffs’ Status

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Report, filed April 21, 2011, and Defendants’ Status Report, filed April 25, 2011, and further

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discussed at a status conference on April 27, 2011, the parties agree FLSA jurisdiction does not

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exist. Given the agreed absence of federal question jurisdiction, the FLSA claims are dismissed with

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prejudice, the state law claims are dismissed without prejudice, and the case is CLOSED.

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IT IS SO ORDERED.
DATED: July 11, 2011.
UNITED STATES DISTRICT JUDGE

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