Degraw v. Progressive Casualty Insurance Company et al

Filing 24

ORDER signed by Magistrate Judge Kendall J. Newman on 8/2/18 GRANTING 23 Motion to Dismiss: Each party shall bear her/its own costs and attorneys' fees. This action shall be dismissed in its entirety. (Kaminski, H)

1
2
3
4
5
6

Galen T. Shimoda (SBN 226752)
[e-mail]
Erika R. C. Sembrano (SBN 306635)
[e-mail]
Shimoda Law Corp.
9401 East Stockton Blvd., Suite 200
Elk Grove, California 95624
Telephone:
[phone]
Facsimile:
[phone]
Attorney for Plaintiff
MAKENZY DEGRAW

7
8
9
10
11

SEYFARTH SHAW LLP
Julie G. Yap (SBN 243450)
[e-mail]
Tiffany T. Tran (SBN 294213)
[e-mail]
400 Capitol Mall, Suite 2350
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]

12
13

Attorneys for Defendant
PROGRESSIVE CASUALTY INSURANCE COMPANY
(erroneously sued also as PROGRESSIVE CASUALTY)

14
15
16

UNITED STATES DISTRICT COURT

17

EASTERN DISTRICT OF CALIFORNIA

18
19

MAKENZY DEGRAW,

20

Case No. 2-17-CV-02537-KJN

Plaintiff,

ORDER DISMISSING ENTIRE ACTION

21

v.

[Fed. R. Civ. P. 41(a)(1)-(2)]

22

PROGRESSIVE CASUALTY INSURANCE
COMPANY, an Ohio Corporation;
PROGRESSIVE CASUALTY, an unincorporated
association; and DOES 1 to 100 inclusive,

Complaint Filed: October 4, 2017
First Amended Complaint Filed: January 5, 2018

23
24

Defendants.
25
26
27
28
[PROPOSED] ORDER DISMISSING ENTIRE ACTION
47993936v.1

1

Having read and considered the Parties’ Joint Motion for an Order of Dismissal of the Entire

2

Action, and good cause appearing, pursuant to Federal Rule of Civil Procedure 41(a), IT IS HEREBY

3

ORDERED that:

4

1.

The joint motion to dismiss (ECF No. 23) is GRANTED.

5

2.

The individual claims of Plaintiff Makenzy DeGraw against Defendant, including any

6
7
8

claim that she is an aggrieved employee, shall be dismissed in their entirety WITH PREJUDICE.
3.

The representative allegations against Defendant under the Labor Code Private

Attorneys General Act of 2004 are dismissed WITHOUT PREJUDICE as to any other individual.

9

4.

Each party shall bear her/its own costs and attorneys’ fees.

10

5.

This action shall be dismissed in its entirety.

11

6.

The Clerk of Court shall close this case.

12

IT IS SO ORDERED.

13

Dated: August 2, 2018

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
ORDER DISMISSING ENTIRE ACTION
47993936v.1