Frankl v. United Site Services of California, Inc.

Filing 38

ORDER signed by District Judge Troy L. Nunley on 8/10/2018 ORDERING 31 that the Court's March 14 Temporary Injunction Order should be VACATED and that this action be, and hereby is, DISMISSED without prejudice, pursuant to FRCP 41(a)(1)(A)(ii). CASE CLOSED(Reader, L)

RICHARD J. MCPALMER, CA BAR 244962
National Labor Relations Board, Region 20
901 Market Street, Suite 400
San Francisco, California 94103-1735
[phone]
[e-mail]
Attorney for Petitioner

1
2
3
4

TARA L. PRESNELL, CA BAR 234123
Littler Mendelson, P.C.
1255 Treat Blvd., Suite 600
Walnut Creek, CA 94597
[phone]
[e-mail]
Attorney for Respondent

5
6
7
8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
JILL COFFMAN, Regional Director of
Region 20 of the National Labor Relations
Board, for and on behalf of the
NATIONAL LABOR RELATIONS
BOARD,1

12
13
14

Petitioner,

15

Case No. 2:15-CV-01360-TLN-CKD
STIPULATION AND ORDER OF
DISMISSAL OF ACTION PURSUANT TO
FED. R. CIV. P. 41(a)(1)(A)(ii)

vs.

16

UNITED SITE SERVICES OF
CALIFORNIA, INC.,

17
18

Respondent.

19
20
21

IT IS HEREBY STIPULATED AND AGREED by and between Petitioner Jill Coffman,

22

Regional Director of Region 20 of the National Labor Relations Board, and Respondent United

23

Site Services of California, Inc. (collectively “the Parties”), by their respective attorneys, pursuant

24

to Federal Rule of Civil Procedure Rule 41(a)(1)(A)(ii) and Local Civil Rule 143, as follows:

25
26

1)

WHEREAS, on June 26, 2015, Petitioner filed with this Honorable Court a

Petition for Injunction Under Section 10(j) of the National Labor Relations Act, as Amended [29

27
1

28

Jill Coffman has succeeded Joseph F. Frankl as Regional Director of Region 20 of the National
Labor Relations Board. See Fed. R. Civ. P. 25(d).
-1STIPULATION OF DISMISSAL OF ACTION

2:15-CV-01360-TLN-CKD

1

U.S.C. §160(j)] (Docket No. 1);

2

2)

WHEREAS, on March 14, 2016, this Court issued its Temporary Injunction Order

3

requiring Respondent to cease and desist from taking certain actions and to take certain

4

affirmative actions (Docket No. 31);

5

3)

WHEREAS, on April 8, 2016, pursuant to the Court’s March 14 Temporary

6

Injunction Order, Respondent filed a sworn declaration affirming that it had complied with the

7

affirmative provisions of the Temporary Injunction Order (Docket No. 33);

8
9

4)

WHEREAS, by letter dated June 15, 2018, Teamsters, Local 315 (“Union”), the

heretofore exclusive collective-bargaining representative of the bargaining unit employees of

10

Respondent at issue in the administrative complaint underlying this matter, formally disclaimed

11

interest in representing said bargaining unit. As a result of that action, the Union no longer

12

represents the bargaining unit employees in collective bargaining with Respondent, thereby

13

mooting any on-going obligation Respondent would have under the Court’s March 14 Temporary

14

Injunction Order to recognize and bargain with the Union;

15

5)

WHEREAS, Respondent’s compliance with the affirmative provisions of the

16

Court’s March 14 Temporary Injunction Order and the Union’s disclaimer of interest in

17

representing Respondent’s bargaining unit have obviated and extinguished the need for continued

18

injunctive relief;

19

///

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28

///
-2STIPULATION OF DISMISSAL OF ACTION 2:15-CV-01360-TLN-CKD

1

THE PARTIES HEREBY STIPULATE AND AGREE that the Court’s March 14

2

Temporary Injunction Order should be VACATED and that this action be, and hereby is,

3

DISMISSED without prejudice.

4
5

8

___/s/ Richard J. McPalmer___
Richard J. McPalmer
Counsel for Petitioner
901 Market Street, Suite 400
San Francisco, California 94103-1735
[phone]

9

Dated this 24th day of July, 2018.

6
7

10
11

15

___/s/ Tara L. Presnell
Tara L. Presnell
Counsel for Respondent
Littler Mendelson, P.C.
1255 Treat Blvd., Suite 600
Walnut Creek, CA 94597
[phone]
[e-mail]

16

Dated this 8th day of August, 2018.

12
13
14

.

17
18
19

IT IS SO ORDERED at Sacramento, California, this 10th day of August, 2018.

20
21
22
23

Troy L. Nunley
United States District Judge

24
25
26
27
28
-3-

STIPULATION OF DISMISSAL OF ACTION 2:15-CV-01360-TLN-CKD