Anderson v. Brink's Incorporated

Filing 27

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 4/18/17 ORDEING this entire action is hereby DISMISSED in its entirety; and Each party is to bear his or its own attorneys' fees and costs. CASE CLOSED (Becknal, R)

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Larry W. Lee (State Bar No. 228175)
[e-mail]
DIVERSITY LAW GROUP, P.C.
515 S. Figueroa St., Suite 1250
Los Angeles, California 90071
[phone]
[phone] facsimile
Dennis S. Hyun (State Bar No. 224240)
[e-mail]
HYUN LEGAL, APC
515 S. Figueroa St., Suite 1250
Los Angeles, California 90071
[phone]
[phone] facsimile
Zack Broslavsky (State Bar No. 241736)
Jonathan A. Weinman (State Bar No. 256553)
BROSLAVSKY & WEINMAN, LLP
11620 Wilshire Blvd., Suite 900
Los Angeles, CA 90025
[phone]
[phone] facsimile

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Attorneys for Plaintiff and the Class

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(Counsel for Defendant on Next Page)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TYLER ANDERSON,
Plaintiff,
vs.

Case No. 2:15-cv-02702-MCE-CKD
STIPULATION OF VOLUNTARY
DISMISSAL OF ENTIRE ACTION; AND
ORDER

BRINK’S, INCORPORATED, a Delaware
Corporation; and DOES 1 through 50, inclusive, Complaint Filed: December 30, 2015
Trial Date:
None Set
Defendants.

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-1STIPULATION OF VOLUNTARY DISMISSAL OF ENTIRE ACTION; AND ORDER

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BECKI D. GRAHAM, State Bar No. 238010
[e-mail]
SUSAN T. YE, SBN 281497
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone:
415.442.4810
Facsimile:
415.442.4870
Attorneys for Defendant
BRINK’S, INCORPORATED

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-2STIPULATION OF VOLUNTARY DISMISSAL OF ENTIRE ACTION; AND ORDER

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Plaintiff Tyler Anderson (“Plaintiff”) and Defendant Brink’s, Incorporated (“Defendant”)
(collectively, the “Parties”) hereby stipulate as follows with reference to the following facts:

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1.

WHEREAS, on December 30, 2015, Plaintiff filed this individual and class action for the

following causes of action: (a) Violation of §15 U.S.C. 1681b(b)(2)(A) (FAIR CREDIT REPORTING
ACT); (b) Retaliation in Violation of California Labor Code § 6310; (c) Wrongful Termination in

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Violation of Public Policy; and (d) Intentional Infliction of Emotional Distress. The first cause of action

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was brought as a class and individual claim and the second through fourth causes of action were brought

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only on an individual basis;

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2.

WHEREAS, on March 25, 2016, Defendant filed a Motion to Stay (“Motion to Stay”)

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(Dkt. No. 13, 13-1, 13-2, 13-3) in this action pending the U.S. Supreme Court’s decision in Spokeo, Inc.

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v. Robbins, No. 13-1339 (U.S. April 27, 2015) (hereinafter “Spokeo”) given that the Court was set to

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decide whether a plaintiff who suffered no actual harm, but sought only statutory damages has standing

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to pursue a cause of action for violation of the Fair Credit Reporting Act (“FCRA”);
3.

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Spokeo decision. (Dkt. No. 20);
4.

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requirements of Article III standing based solely on a procedural violation of the FCRA;
5.

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WHEREAS, in light of the Supreme Court’s decision, the Parties began negotiating for

the settlement of this case and have agreed to dismiss Plaintiff’s individual claims with prejudice and
class claim without prejudice;
6.

WHEREAS, the dismissal of the class claims without prejudice and the dismissal of

Plaintiff’s individual claims with prejudice will dismiss Plaintiff’s Complaint in its entirety;
7.

WHEREAS, the Parties agree that this Stipulation will result in the complete dismissal of

the entire action; and

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WHEREAS, on May 16, 2016, the Supreme Court issued its opinion in the Spokeo case,

in which the Supreme Court held that a plaintiff cannot automatically establish the injury in fact

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WHEREAS, this Court granted the Parties request and stayed this matter pending the

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WHEREAS, the Parties agree that each side shall bear his or its own attorneys’ fees and

costs.
NOW, THEREFORE, the Parties hereby stipulate as follows:

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-3STIPULATION OF VOLUNTARY DISMISSAL OF ENTIRE ACTION; AND ORDER

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1.

That the first cause of action for Violation of §15 U.S.C. 1681b(b)(2)(A) (FAIR CREDIT

REPORTING ACT) asserted on behalf of the class be dismissed without prejudice;
2.

That the first through fourth causes of action for (a) Violation of §15 U.S.C.

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1681b(b)(2)(A) (FAIR CREDIT REPORTING ACT); (b) Retaliation in Violation of California Labor

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Code § 6310; (c) Wrongful Termination in Violation of Public Policy; and (d) Intentional Infliction of

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Emotional Distress, asserted by Plaintiff individually be dismissed with prejudice;

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3.

Based on the foregoing, that this entire action shall be dismissed in its entirety; and

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4.

That each party is to bear his or its own attorneys’ fees and costs.

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DATED: April 18, 2017

BROSLAVSKY & WEINMAN, LLP

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By: /s/ Zack Proslavsky (as authorized on 7/ /16)
ZACK BROSLAVSKY
JONATHAN A. WEINMAN
Attorneys for Plaintiff and the Class
TYLER ANDERSON

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DATED: April 18, 2017

OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By: /s/ Becki D. Graham
BECKI D. GRAHAM
SUSAN T. YE
Attorneys for Defendant
BRINK’S, INCORPORATED

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-4STIPULATION OF VOLUNTARY DISMISSAL OF ENTIRE ACTION; AND ORDER

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ORDER
Based on the Stipulation filed on behalf of Plaintiff Tyler Anderson (“Plaintiff”) and Defendant
Brink’s, Incorporated (“Defendant”) (collectively, the “Parties”), the Court hereby orders as follows:
1.

The first cause of action for Violation of §15 U.S.C. 1681b(b)(2)(A) (FAIR CREDIT

REPORTING ACT) asserted on behalf of the class is hereby DISMISSED without prejudice;
2.

The first through fourth causes of action for (a) Violation of §15 U.S.C. 1681b(b)(2)(A)

(FAIR CREDIT REPORTING ACT); (b) Retaliation in Violation of California Labor Code § 6310; (c)
Wrongful Termination in Violation of Public Policy; and (d) Intentional Infliction of Emotional Distress,
asserted by Plaintiff individually is hereby DISMISSED with prejudice;
3.

Based on the foregoing, this entire action is hereby DISMISSED in its entirety; and

4.

Each party is to bear his or its own attorneys’ fees and costs.

IT IS SO ORDERED.

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Dated: April 18, 2017

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-5STIPULATION OF VOLUNTARY DISMISSAL OF ENTIRE ACTION; AND ORDER