Mejia v. Farmland Mutual Insurance Company et al

Filing 27

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 8/10/2018 ORDERING That the PAGA claims alleged in Plaintiff's First Amended Complaint be DISMISSED without prejudice; That the claims of any putative class member, class claims, and/or class allegations shall be DISMISSED without prejudice; That Plaintiff's individual claims shall be DISMISSED with prejudice; and All parties shall bear their own attorney's fees and costs. CASE CLOSED (Washington, S)

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Galen T. Shimoda (Cal. State Bar No. 226752)
Justin P. Rodriguez (Cal. State Bar No. 278275)
Shimoda Law Corp.
9401 East Stockton Boulevard, Suite 200
Elk Grove, CA 95624
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff SCARLETTE MEJIA
on behalf of herself and similarly situated employees

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCARLETTE MEJIA, as an individual and )
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on behalf of all others similarly situated,
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Plaintiffs,
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vs.
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FARMLAND MUTUAL INSURANCE
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COMPANY, an Iowa corporation;
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FARMLAND MUTUAL INSURANCE
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CO, an unincorporated association;
NATIONWIDE MUTUAL INSURANCE )
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COMPANY, an Ohio corporation; and
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DOES 1 to 100, inclusive,
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Defendants.
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Case No. 2:17-CV-00570-TLN-KJN
CLASS ACTION
STIPULATION AND ORDER
DISMISSING CLASS ACTION
CLAIMS WITHOUT PREJUDICE,
DISMISSING PRIVATE ATTORNEYS
GENERAL ACT CLAIMS WITHOUT
PREJUDICE, AND DISMISSING
PLAINTIFF’S INDIVIDUAL CLAIMS
WITH PREJUDICE; DECLARATION
OF JUSTIN P. RODRIGUEZ IN
SUPPORT THEREOF

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This Stipulation and Proposed Order is entered into between Plaintiff SCARLETTE MEJIA

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(“Plaintiff”) and Defendants FARMLAND MUTUAL INSURANCE COMPANY, FARMLAND

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MUTUAL INSURANCE CO, and NATIONWIDE MUTUAL INSURANCE COMPANY

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(“Defendants”) (Plaintiff and Defendant all collectively, the “Parties”), by and through their counsel of

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record, as follows:

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STIP & ORDER RE DISMISSING CLAIMS

Case No.: 2:17-CV-00570-KJN

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STIPULATION

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WHEREAS the above entitled action by was initiated by the filing of a complaint on or about

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February 3, 2017 against Defendants in the Sacramento Superior Court, Case No. 34-2017-00207507;

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WHEREAS on February 3, 2017, Plaintiff provided notice to the Labor and Workforce

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Development Agency (“LWDA”) of her intent to bring a representative claim under the Private

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Attorneys General Act (“PAGA”);

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WHEREAS the LWDA did not provide any response to this notice and as such Plaintiff became
authorized to bring a PAGA claim on behalf of herself and other aggrieved employees;

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WHEREAS Defendants removed the action to the United States District Court for the Eastern
District of California on or about March 16, 2017;

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WHEREAS Plaintiff filed a First Amended Complaint, Case No. 2:17-CV-00570-TLN-KJN;

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WHEREAS Defendants filed a Motion to Dismiss Plaintiff’s First Amended Complaint and

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Strike Class Allegations on or about June 29, 2017;

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WHEREAS on June 26, 2017, the Court granted Defendants’ Motion in part and denied it in
part;

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WHEREAS no motion for certification of this matter has been filed or has been scheduled to be
filed;

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WHEREAS in order to avoid the risks and expenses associated with continued litigation, the

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Parties now wish to dismiss the PAGA claims without prejudice and dismiss the class claims and

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allegations without prejudice;

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IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, subject to the
approval of the Court, as follows:

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1.

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without prejudice;

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2.

That the PAGA claims alleged in Plaintiff’s First Amended Complaint shall be dismissed

That the claims of any putative class member, class claims, and/or class allegations shall

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be dismissed without prejudice;

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//

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//

STIP & ORDER RE DISMISSING CLAIMS

Case No.: 2:17-CV-00570-KJN

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3.

That Plaintiff’s individual claims shall be dismissed with prejudice; and

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4.

All parties shall bear their own attorney’s fees and costs.

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DATED: July 25, 2018

Shimoda Law Corp.

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By:

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/s/ Justin P. Rodriguez
Galen T. Shimoda, Esq.
Justin P. Rodriguez, Esq.
Attorneys for Plaintiffs

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DATED: July 25, 2018

Littler Mendelson P.C.

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By:

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/s/ Barbara A. Blackburn
Barbara A. Blackburn, Esq.
(as authorized on 7/25/18)
Attorney for Defendant

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STIP & ORDER RE DISMISSING CLAIMS

Case No.: 2:17-CV-00570-KJN

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ORDER
The Court, having considered the above stipulation and the declaration of Plaintiff’s Counsel
filed in support thereof, HEREBY ORDERS the following:

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1.

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without prejudice;

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2.

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That the PAGA claims alleged in Plaintiff’s First Amended Complaint be dismissed

That the claims of any putative class member, class claims, and/or class allegations shall

be dismissed without prejudice;

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3.

That Plaintiff’s individual claims shall be dismissed with prejudice; and

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4.

All parties shall bear their own attorney’s fees and costs.

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: August 10, 2018
Troy L. Nunley
United States District Judge

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STIP & ORDER RE DISMISSING CLAIMS

Case No.: 2:17-CV-00570-KJN

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