Herrera v. FedEx Freight, Inc.

Filing 6

STIPULATION and ORDER signed by District Judge John A. Mendez on 4/18/18 DISMISSING PAGA CLAIMS. (Kaminski, H)

TALIA L. DELANOY (239973)
[e-mail]
LECLAIRRYAN, LLC
400 Capitol Mall, Suite 1500
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
SANDRA ISOM (157374)
[e-mail]
FEDEX FREIGHT
1715 Aaron Brenner Drive, Suite 600
Memphis, TN 38120
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
FEDEX FREIGHT, INC.
Erroneously sued as
FEDEX FREIGHT WEST, INC.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

BEATRIZ HERRERA,

Case No.: 2:18-CV-00892-JAM-DB

Plaintiff,
STIPULATION RE DISMISSAL OF
PAGA CLAIMS IN PLAINTIFF’S
VERIFIED COMPLAINT

vs.
FEDEX FREIGHT WEST, INC., and DOES 1
THROUGH 50, inclusive,

Judge: Hon. John A. Mendez
Defendant.
Complaint filed: March 1, 2018
Matter Removed: April 11, 2018

Plaintiff BEATRIZ HERRERA, (“Plaintiff”) originally filed a Complaint in the Superior
Court of California for the County of Sacramento, naming a sole defendant, FEDEX FREIGHT
WEST INC. On April 11, 2018, Defendant FedEx Freight, Inc., removed Plaintiff’s action to this
Court. Thereafter, in accordance with this Court’s standing order, the parties met and conferred
regarding Defendant’s position regarding certain claims in the Complaint (attached hereto as
Exhibit “A”) that were subject to dismissal.

WHEREAS, the Parties, by and through their counsel of record, hereby stipulate as
follows:
1. Plaintiff dismisses, with prejudice, its claim for penalties or other damages which
could be awarded pursuant to the Private Attorneys General Act (“PAGA”), both in
her individual capacity and as a representative action;
2. Plaintiff dismisses with prejudice, the claims as outlined in the Complaint at
Paragraphs 106, 107, 125 and 126;
3. Plaintiff agrees not to seek leave to amend the PAGA Notice and agrees not to submit
a new PAGA Notice to the Labor Workforce Development Agency (LWDA) to add
any claims or alleged Labor Code violations which may give rise to PAGA penalties;
4. Plaintiff agrees not to seek leave to amend the Complaint, or any subsequent amended
complaint, to add any claims for PAGA penalties, whether in an individual and/or
representative capacity; and
5. Plaintiff will not pursue any PAGA claims, whether in an individual or representative
capacity, at the Trial of this matter.
IT IS SO STIPULATED.
DATED: April 17, 2018

Bohm Law Group, Inc.
By:

/s/ Victoria L. Gutierrez
Victoria L. Gutierrez
Attorneys for Plaintiff
BEATRIZ HERRERA

DATED: April 17, 2018

LECLAIRRYAN, LLP
By:

/s/ Talia L. Delanoy
SANDRA ISOM
TALIA L. DELANOY
Attorneys for Defendant
FEDEX FREIGHT, INC.
Erroneously sued as
FEDEX FREIGHT WEST, INC.

DATED: 4/18/2018
IT IS SO ORDERED:
/s/ John A. Mendez______________
HONORABLE JOHN A. MENDEZ