Hoover v. MOM365,Inc.

Filing 14

ORDER signed by District Judge Troy L. Nunley on 2/28/2018 ORDERING that the Plaintiff's Eighth through Thirteenth Causes of Action in her First Amended Complaint for Disability Discrimination in Violation of FEHA, Failure to Accommodate and En gage in the Interactive Process, Failure to Prevent Discrimination, Retaliation in Violation of FEHA, Violation of Labor Code § 233, and Wrongful Discharge in Violation of Public Policy will be DISMISSED with prejudice with each side to bear their own fees and costs as to these claims only. (Becknal, R)

5

Galen T. Shimoda (SBN 226752)
Justin P. Rodriguez (SBN 278275)
SHIMODA LAW CORP.
9401 East Stockton Blvd., Suite 200
Elk Grove, California 95624
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

6

Attorneys for Plaintiff KELLY HOOVER

7

12

Michelle B. Abidoye, Bar No. 232782
[e-mail]
David L. Cheng, Bar No. 240926
[e-mail]
Alexandria M. Witte, Bar No. 273494
[e-mail]
FORD & HARRISON LLP
350 South Grand Avenue, Suite 2300
Los Angeles, California 90071
Telephone: [phone]
Facsimile: 213-237-2401

13

Attorneys for Defendant MOM365, INC.

1
2
3
4

8
9
10
11

14

UNITED STATES DISTRICT COURT

15

EASTERN DISTRICT OF CALIFORNIA

16
17

KELLY HOOVER,
Plaintiff,

18
19
20
21

v.

Case No. 2:17-cv-01328-TLN-CKD
STIPULATION AND ORDER TO
DISMISS PLAINTIFF’S EIGHT
THROUGH THIRTEENTH INDIVIDUAL
CAUSES OF ACTION

MOM365, INC., a Missouri Corporation; and
DOES 1 to 100 inclusive,
Defendants.

22

Date Action Filed: May 19, 2017
FAC Filed: September 1, 2017

23
24
25
26
27
28

STIP & ORDER TO DISMISS INDIVIDUAL COA’S

Case No. 2:17-CV-01328-TLN-CKD

1

Plaintiff KELLY HOOVER and Defendant MOM365, INC., by and through their respective

1
2

counsel of record, hereby agree to the following:
WHEREAS, Plaintiff initiated the above entitled action by filing a Complaint in the California

3
4

Superior Court for the County of Sacramento on May 19, 2017, against Defendant that included

5

individual and causes of action for discrimination, retaliation, and wrongful termination;
WHEREAS, the parties participated in mediation on January 16, 2018 and agreed to resolve

6
7

Plaintiff’s Eighth through Thirteenth individual causes of action;
WHEREAS, the parties’ resolution of Plaintiff’s Eighth through Thirteenth individual causes of

8
9
10

action does not resolve Plaintiff’s wage and hour claims (whether individual, class, or representative)
asserted in the action;
WHEREAS, the parties agree that the resolution of her Eighth through Thirteenth Causes of

11
12

Action does not impede or affect Plaintiff’s right to pursue the putative class claims against Defendant in

13

this action and to fulfill her duties as a putative class representative, including contacting putative class

14

members, etc., for purposes of prosecuting this action; and
WHEREAS, the parties have agreed to Plaintiff dismissing the Eighth through Thirteenth

15
16

individual causes of action with prejudice and with each side to bear their own fees and costs with

17

respect to those claims.
NOW, THEREFORE, good cause having been shown, the parties stipulate to and agree to the

18
19

following:
1.

20

Plaintiff’s Eighth through Thirteenth Causes of Action in her First Amended Complaint

21

for Disability Discrimination in Violation of FEHA, Failure to Accommodate and Engage in the

22

Interactive Process, Failure to Prevent Discrimination, Retaliation in Violation of FEHA, Violation of

23

Labor Code § 233, and Wrongful Discharge in Violation of Public Policy will be dismissed with

24

prejudice with each side to bear their own fees and costs as to these claims only.

25
26
27
28
STIP & ORDER TO DISMISS INDIVIDUAL COA’S

1

Case No. 2:17-CV-01328-TLN-CKD

2

Respectfully submitted,

1
IT IS SO STIPULATED.

SHIMODA LAW CORP.

2
DATED: February 23, 2018
3

By: /s/ Justin P. Rodriguez
Galen T. Shimoda
Justin P. Rodriguez
Attorneys for Plaintiff

4
5
6
7
8

DATED: February 23, 2018

FORD & HARRISON LLP

9
By:

10
11
12

/s/ David L. Cheng
David L. Cheng
(as authorized 2/23/18)
Alexandria Witte
Attorneys for Defendant

13
14

ORDER

15

Good cause appearing, the Court makes the following Order:

16
17
18
19
20
21

1.

Plaintiff’s Eighth through Thirteenth Causes of Action in her First Amended Complaint

for Disability Discrimination in Violation of FEHA, Failure to Accommodate and Engage in the
Interactive Process, Failure to Prevent Discrimination, Retaliation in Violation of FEHA, Violation of
Labor Code § 233, and Wrongful Discharge in Violation of Public Policy will be dismissed with
prejudice with each side to bear their own fees and costs as to these claims only.
IT IS SO ORDERED:

22
23

Dated: February 28, 2018

24
25
Troy L. Nunley
United States District Judge

26
27
28
STIP & ORDER TO DISMISS INDIVIDUAL COA’S

1

Case No. 2:17-CV-01328-TLN-CKD

3