Duckworth v. Pfrimmer et al

Filing 15

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 04/09/15 ORDERING that Plaintiff will file an amended complaint; Plaintiff will file the dismissed claims in the Superior Court of California, County of Shasta; and Defendants will withdraw their motion to dismiss Plaintiffs state claims.(Benson, A)

1
2
3
4
5

David Spivak (SBN 179684)
[e-mail]
Caroline Tahmassian (SBN 285680)
[e-mail]
THE SPIVAK LAW FIRM
9454 Wilshire Blvd., Suite 303
Beverly Hills, CA 90212
Telephone:
[phone]
Facsimile:
[phone]

6
7
8

Attorneys for Plaintiff,
THERESA DUCKWORTH
(additional attorneys on next page)

9
10
11

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA-SACRAMENTO DIVISION

12
13
14
15
16

THERESA DUCKWORTH, on behalf of
herself, all others similarly situated, and the
general public, and as an “aggrieved employee”
on behalf of other “aggrieved employees” under
the Labor Code Private Attorneys General Act
of 2004,

Case No.: 2:15-CV-00292-TLN-CMK
ORDER GRANTING STIPULATION
FOR DISMISSAL OF PLAINTIFF’S
CLAIMS FOR RELIEF 10 THROUGH 16
AND WITHDRAWAL OF
DEFENDANTS’ MOTION TO DISMISS

17
18

Plaintiff,

19

v.

Action Filed:
20
21
22
23

February 4, 2015

KENT’S MEATS & GROCERIES, INC., a
California corporation; KENT W. PFRIMMER,
an individual; JERRY WOBBE, an individual;
and DOES 1 through 10,
Defendant(s).

24
25
26
27
28

1
Duckworth v. Kent’s Meats & Groceries, Inc., et al.

Order on Stip. for Dismissal of Plaintiff’s Claims for Relief and
Withdrawal of Defendants’ Motion to Dismiss

1

ATTORNEYS FOR DEFENDANTS KENT’S MEATS & GROCERIES, INC. AND
KENT W. PFRIMMER

2
3
4
5
6
7

Dennis C. Huie (State Bar No. 184377)
[e-mail]
Aaron M. Scolari (State Bar No. 237397)
[e-mail]
ROGERS JOSEPH O’DONNELL
311 California Street
San Francisco, California 94104
Telephone:
[phone]
Facsimile:
[phone]

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2
Duckworth v. Kent’s Meats & Groceries, Inc., et al.

Order on Stip. for Dismissal of Plaintiff’s Claims for Relief and
Withdrawal of Defendants’ Motion to Dismiss

1

WHEREAS, on February 4, 2015, THERESA DUCKWORTH (“Plaintiff”) commenced

2

this individual and class action against KENT’S MEATS & GROCERIES, INC. and KENT W.

3

PFRIMMER (“Defendants”) in the United States District Court, Eastern District of California-

4

Sacramento Division. In addition to her individual sexual discrimination, harassment and

5

retaliation claims based on violations of the public policy, Title VII of the Civil Rights Act of
6
7

1964 (“Title VII”), and the California Fair Employment and Housing Act (“FEHA”), Plaintiff

8

alleged that Defendants are liable to her and other similarly situated current and former non-

9

exempt, hourly employees in California for unpaid wages and other related relief based on

10

Defendants’ alleged failures to (1) provide all rest breaks, (2) provide all meal periods, (3) fairly

11

compete, (4) indemnify for all expenses, (5) provide accurate wage statements, and (6) timely
12
13

pay final wages upon termination of employment.

14

WHEREAS, on February 27, 2015, Plaintiff served Defendants with the lawsuit.

15

WHEREAS, on March 25, 2015, Defendants filed a motion to dismiss Plaintiff’s wage

16

and hour class claims (Claims for Relief 10 through 16). Defendants argued that the Court lacks
17
18
19
20
21

supplemental jurisdiction over Plaintiff’s state wage and hour claims under 28 U.S.C. § 1367(a).
WHEREAS, Plaintiff does not concede to Defendants’ arguments for lack of
supplemental jurisdiction over the disputed claims.
GOOD CAUSE APPEARING THEREFOR, IT IS HEREBY ORDERED AS

22

FOLLOWS:
23
24
25
26
27

A.

Plaintiff will file an amended complaint (attached as Exhibit A to this

Stipulation) that omits Claims for Relief 10 through 16.
B.

Plaintiff will file the dismissed claims in the Superior Court of California,

County of Shasta.

28

3
Duckworth v. Kent’s Meats & Groceries, Inc., et al.

Order on Stip. for Dismissal of Plaintiff’s Claims for Relief and
Withdrawal of Defendants’ Motion to Dismiss

1
2
3
4

C.

Any tolling of Plaintiff’s statute of limitations for the dismissed claims is

governed by federal and/or state law.
D.

Immediately after filing of this stipulation and before April 9, 2015,

Defendants will withdraw their motion to dismiss Plaintiff’s state claims.

5
6
7

IT IS SO ORDERED.
Dated: April 9, 2015

8

Troy L. Nunley
United States District Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

4
Duckworth v. Kent’s Meats & Groceries, Inc., et al.

Order on Stip. for Dismissal of Plaintiff’s Claims for Relief and
Withdrawal of Defendants’ Motion to Dismiss