Swanson v. Ben Bridge-Jeweler, Inc.

Filing 11

STIPULATION AND ORDER OF DISMISSAL with prejudice signed by District Judge Morrison C. England, Jr. on 11/28/2017. CASE CLOSED. (York, M)

GALEN T. SHIMODA (State Bar No. 226752)
1 [e-mail]
2 ERIKA R. C. SEMBRANO (State Bar No. 306635)
[e-mail]
3 SHIMODA LAW CORP.
9401 East Stockton Blvd., Suite 200
4 Elk Grove, CA 95624
Tel: [phone]; Fax: [phone]
5
6 Attorneys for Plaintiff JAY SWANSON
on behalf of himself and similarly situated employees
7
MALCOLM A. HEINICKE (State Bar No. 194174)
8 [e-mail]
ROSEMARIE T. RING (State Bar No. 220769)
9
[e-mail]
10 MUNGER, TOLLES & OLSON LLP
560 Mission Street, Twenty-Seventh Floor
11 San Francisco, CA 94105-2907
Tel: [phone]; Fax: [phone]
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Attorneys for Defendant, BEN BRIDGE-JEWELER, INC.
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a Washington Corporation
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION
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17 JAY SWANSON, as an individual and on
behalf of all similarly situated employees,
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Plaintiff,
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Case No. 2:17-cv-00039-MCE-CKD
STIPULATION AND ORDER OF
DISMISSAL

vs.

21 BEN BRIDGE-JEWELER, INC., a
Washington Corporation; and DOES 1 to 100,
22 inclusive,
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Defendants.

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WHEREAS, Plaintiff has agreed to dismiss this action with prejudice as to his own

27 individual claims only, and the parties agree that each side will bear its own attorneys’ fees and
28 costs and thus will not be entitled to any Court award of fees or costs;
2:17-CV-00039-MCE-CKD
STIPULATION AND ORDER OF DISMISSAL

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WHEREAS, the parties agree that the dismissal with prejudice of this action would

2 preclude Plaintiff from bringing any future claims related to his employment with Defendant,
3 including without limitation any claims under the California Labor Code or the Federal Fair Labor
4 Standards Act; and
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WHEREAS, this dismissal is with prejudice to the individual claims of Plaintiff only and

6 without prejudice to the claims of any other individual;
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NOW, THEREFORE, IT IS HEREBY STIPULATED THAT this action is dismissed in its

8 entirety and with prejudice as to the individual claims of Plaintiff Jay Swanson only.
SHIMODA LAW CORP
DATED: November 16, 2017
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By:

/s/ Galen T. Shimoda
GALEN T. SHIMODA
Attorneys for Plaintiff JAY SWANSON,
on behalf of himself and similarly situated employees

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DATED: November 16, 2017

MUNGER, TOLLES & OLSON LLP

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By:

/s/ Malcolm A. Heinicke
MALCOLM A. HEINICKE
Attorneys for Defendant,
BEN BRIDGE-JEWELER, INC.

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ORDER

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In accordance with the foregoing dismissal, this action is hereby dismissed in its entirety,

21 and such dismissal shall be with prejudice to the individual claims of Plaintiff Jay Swanson only.
22

IT IS SO ORDERED.

23 Dated: November 28, 2017
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-2STIPULATION AND ORDER OF DISMISSAL

2:17-CV-00039-MCE-CKD

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