Aranda v. American Pasteurization Company, LLC

Filing 9

ORDER signed by Senior Judge William B. Shubb on 2/15/2107 DISMISSING the plaintiff's Fourth and Fifth Causes of Action pursuant to the 8 Stipulation for Dismissal. (Michel, G.)

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1 4 LAW OFFICES OF LINH T. NGUYEN Linh T. Nguyen (SBN 198751) linh@nguyenatlaw.com 8841 Williamson Drive, Suite 80 Elk Grove, California 95624-1800 Telephone: (916) 686-6600 Facsimile: (916) 550-9509 5 Attorneys for Plaintiff JOSE ARANDA 2 3 6 7 8 9 10 11 SEYFARTH SHAW LLP Nick C. Geannacopulos (SBN 114822) ngeannacopulos@seyfarth.com Ari Hersher (SBN 260321) ahersher@seyfarth.com Pamela L. Vartabedian (SBN 251133) pvartabedian@seyfarth.com 560 Mission Street, 31st Floor San Francisco, California 94105 Telephone: (415) 397-2823 Facsimile: (415) 397-8549 12 13 Attorneys for Defendant AMERICAN PASTEURIZATION COMPANY, LLC 14 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 18 JOSE ARANDA, 19 20 21 Plaintiff, vs. AMERICAN PASTEURIZATION COMPANY, LLC; and DOES 1 through 100, inclusive, 22 Defendants. 23 24 25 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:16-cv-02242-WBS-AC STIPULATION TO DISMISS PLAINTIFF’S FOURTH AND FIFTH CAUSES OF ACTION WITH PREJUDICE; [PROPOSED] ORDER Complaint Filed: February 18, 2016 26 27 28 STIPULATION TO DISMISS CLAIMS FROM PLAINTIFF’S COMPLAINT; [PROPOSED] ORDER / CASE NO. 2:16-CV-02242-WBS-AC 36290004v.1 1 2 3 4 5 6 7 8 9 10 11 12 13 Plaintiff Jose Aranda (“Plaintiff”) and Defendant American Pasteurization Company, LLC (“APC”) (collectively “the Parties”) by and through their respective counsel hereby stipulate and agree as follows: WHEREAS, Plaintiff’s Complaint was filed on February 18, 2016, alleging five causes of action for: (1) Wrongful Termination in Violation of Public Policy; (2) Retaliation in Violation of Labor Code § 6310; (3) Retaliation in Violation of Labor Code § 1102.5; (4) Failure to Provide Records in Violation of Labor Code § 1198.5; and (5) Failure to Provide Records in Violation of Labor Code § 226. WHEREAS, on September 21, 2016, the action was removed to the United States District Court for the Eastern District of California and was assigned Case No. 2:16-cv-02242-WBS-AC. WHEREAS, the Parties agree that Plaintiff shall dismiss with prejudice his Fourth and Fifth Causes of Action for: (1) Failure to Provide Records in Violation of Labor Code § 1198.5; and (2) Failure to Provide Records in Violation of Labor Code § 226. Each party shall bear its own fees and costs in connection with these claims. 14 15 IT IS SO STIPULATED. 16 17 DATED: February 14, 2017 LAW OFFICES OF LINH T. NGUYEN 18 19 By: /s/ Linh T. Nguyen [as authorized on 2/8/2017] Linh T. Nguyen 20 Attorneys for Plaintiff JOSE ARANDA 21 22 23 DATED: February 14, 2017 SEYFARTH SHAW LLP 24 25 26 27 By: /s/ Pamela L. Vartabedian Nick C. Geannacopulos Ari Hersher Pamela L. Vartabedian Attorneys for Defendant AMERICAN PASTEURIZATION COMPANY, LLC 28 1 STIPULATION TO DISMISS CLAIMS FROM PLAINTIFF’S COMPLAINT; [PROPOSED] ORDER / CASE NO. 2:16-CV-02242-WBS-AC 36290004v.1 1 2 3 4 5 ATTESTATION PURSUANT TO LOCAL RULE 131 Pursuant to Local Rule 131, I, Pamela Vartabedian, hereby attest that the content of this document is acceptable to Linh T. Nguyen, Counsel for Plaintiff Jose Aranda, and that I have obtained Mr. Nguyen’s authorization to affix his electronic signature to this document. Executed this 14th day of February 2017 in San Francisco, CA. 6 /s/ Pamela L. Vartabedian________________ Pamela L. Vartabedian 7 8 ORDER 9 10 11 12 Pursuant to the Parties’ stipulation and good cause appearing therefore, the Court dismisses the above-referenced claims in accordance with the Parties’ stipulation. IT IS SO ORDERED. Dated: February 15, 2017 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 STIPULATION TO DISMISS CLAIMS FROM PLAINTIFF’S COMPLAINT; [PROPOSED] ORDER / CASE NO. 2:16-CV-02242-WBS-AC 36290004v.1

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