Gutierrez v. Plastic Package, Inc.

Filing 16

ORDER signed by District Judge Morrison C. England, Jr. on 10/13/2016 DISMISSING CASE in its entirety with prejudice; each party to bear its own attorneys' fees and cost. CASE CLOSED(Reader, L)

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POLSINELLI LLP
CHARLES O. THOMPSON (SBN: 139841)
[e-mail]
GARRETT PARKS (SBN: 297971)
[e-mail]
EMILY M. ERDMAN (SBN: 301462)
[e-mail]
Three Embarcadero Center, Suite 1350
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone] Fax
Attorneys for Defendant
PLASTIC PACKAGE, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROSIO GUTIERREZ,

Case No. 2:16-CV-01852-MCE-CKD
Plaintiff,

Polsinelli LLP
Three Embarcadero Center, Suite 1350
San Francisco, CA 94111
[phone]

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ORDER AND STIPULATION FOR
DISMISSAL WITH PREJUDICE

v.

(Superior Court of California for the County
of Sacramento Case No.: 34-2016-001946)

PLASTIC PACKAGE, INC.; and DOES 1
through 100, inclusive,

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Defendants.

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Plaintiff Rosio Gutierrez (“Plaintiff”) and Defendant Plastic Package, Inc. (“PPI”)
(collectively, the “Parties”), through their counsel, stipulate and agree as follows:
1.

On May 17, 2016, Plaintiff filed a complaint for damages against PPI in the

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Superior Court of California, County of Sacramento, Case No. 34-2016-00194663 (“State Court

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Complaint”).

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2.

On July 8, 2016, Plaintiff served the State Court Complaint on PPI.

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3.

On August 5, 2016, PPI timely removed the State Court Complaint to this Court

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(“Federal Court Action”).
4.

On August 11, 2016, PPI moved to dismiss seven of the nine causes of action

pleaded in the Federal Court Action.

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ORDER AND STIPULATION FOR DISMISSAL WITH PREJUDICE
54864750.1

2:16-CV-01852-MCE-CKD

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5.

On September 23, 2016, in lieu of opposing PPI’s motion, Plaintiff filed and served

a first amended complaint (“FAC”) in the Federal Court Action.
6.

On September 26, 2016, PPI moved to dismiss seven of the nine causes of action

pleaded in the FAC.
7.

On September 26, 2016, the parties participated in mediation to attempt to resolve

the FAC and Federal Court Action in its entirety.
8.

The mediation resulted in the parties entering into a Confidential Settlement

Agreement and General Release of Claims (“Settlement Agreement”).
9.

The Parties have agreed to dismiss the FAC and Federal Court Action with

prejudice, with each party to bear its own attorneys’ fees and costs.
10.

Plaintiff further agrees that this stipulation will be enforceable in any and all future

actions filed against PPI arising out of or relating to the facts supporting the allegations set forth in

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Polsinelli LLP
Three Embarcadero Center, Suite 1350
San Francisco, CA 94111
[phone]

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the State Court Complaint, Federal Court Action, and FAC.

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Pursuant to Local Rule 131(e), counsel for PPI represents that Plaintiff’s counsel has

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authorized submission of this document on Plaintiff’s behalf.

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DATED: October 6, 2016

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POLSINELLI LLP
By:

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Attorneys for Defendant
PLASTIC PACKAGE, INC.

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/s/ Charles O. Thompson
CHARLES O. THOMPSON
GARRET PARKS
EMILY ERDMAN

DATED: October 6, 2016

BOHM LAW GROUP, INC.
By:

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/s/ Lawrance A. Bohm
(as authorized on 10/6/2016)
LAWRANCE A. BOHM, ESQ.
ZANE E. HILTON, ESQ.
Attorneys for Plaintiff
ROSIO GUTIERREZ

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54864750.1

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2:16-CV-01852-MCE-CKD
ORDER AND STIPULATION FOR DISMISSAL WITH PREJUDICE

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ORDER

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Pursuant to the Parties’ Stipulation for Dismissal with Prejudice, the Court hereby orders

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the above-captioned action DISMISSED in its entirety with prejudice, each party to bear its own

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attorneys’ fees and costs.

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The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.

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Dated: October 13, 2016

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Polsinelli LLP
Three Embarcadero Center, Suite 1350
San Francisco, CA 94111
[phone]

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54864750.1

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2:16-CV-01852-MCE-CKD
ORDER AND STIPULATION FOR DISMISSAL WITH PREJUDICE