Castanon et al v. WinCo Holdings, Inc.

Filing 21

STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr., on 7/15/21 DISMISSING plaintiff Duron's claims in this action against defendant Winco Holdings, Inc., without prejudice. Plaintiff Duron and Defendant Winco Holdings, Inc., will bear his/its own attorneys' fees and costs incurred as to Plaintiff Duron ONLY. The case remains pending as to Plaintiff Castanon's claims. (Kastilahn, A)

JAMES R. HAWKINS, Bar No. 192925
[e-mail]
2 CHRISTINA M. LUCIO, Bar No. 253677
[e-mail]
3 JAMES HAWKINS APLC
9880 Research Drive, Suite 200
4 Irvine, CA 92618
Telephone: [phone]
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Attorneys for Plaintiffs
ESMERALDA CASTANON and JOHN DURON

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ESMERALDA CASTANON and JOHN Case No. 2:20-cv-01656-MCE-EFB
DURON, on behalf of themselves and
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all others similarly situated,
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STIPULATION AND ORDER OF
VOLUNTARY DISMISSAL
Plaintiff,
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v.
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WINCO HOLDINGS, INC., an Idaho
Corporation, doing business as WINCO Complaint Filed: May 19, 2020
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Removal Date: August 20, 2020
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Defendants.

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Pursuant to Federal Rules of Civil Procedure 41(a)(1)(A)(ii), Plaintiff JOHN

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DURON (“Plaintiff Duron”) and Defendant WINCO HOLDINGS, INC.

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(“Defendant”), by and through their respective counsel of record, hereby stipulate as

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follows:

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1.

Plaintiff Duron voluntarily dismisses, and does dismiss, himself as a

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named plaintiff and putative class representative in the above-captioned action,

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without prejudice.
2.
This voluntary dismissal shall not include any claims or causes of action

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by Plaintiff Esmeralda Castanon against Defendant.
3.

Plaintiff Duron and Defendant agree to bear his/its own fees and costs

incurred as to Plaintiff Duron only.
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Case No. 2:20-cv-01656-MCE-EFB
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL
68568024v.1

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IT IS SO STIPULATED.

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Dated: July 6, 2021

JAMES HAWKINS APLC

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By:
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/s/ Christina M. Lucio
Christina M. Lucio

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Attorneys for Plaintiff
JOHN DURON

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Dated: July 6, 2021

SEYFARTH SHAW LLP

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By:

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/s/ Phillip Ebsworth
Phillip Ebsworth

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Attorneys for Defendant
WINCO HOLDINGS, INC.

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ORDER

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Having reviewed the foregoing stipulation of the parties, and good cause

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appearing, the Court hereby dismisses Plaintiff Duron as a named plaintiff and putative

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class representative in this action against Defendant Winco Holdings, Inc., without

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prejudice. Plaintiff Duron and Defendant Winco Holdings, Inc. will bear his/its own

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attorneys’ fees and costs incurred as to Plaintiff Duron only. The case remains pending

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as to Plaintiff Castanon’s claims.

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IT IS SO ORDERED.
Dated: July 15, 2021

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Case No. 2:20-cv-01656-MCE-EFB
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL
68568024v.1