Green et al v. American Valley Community Services Dist., et al
Filing
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 6/7/2021, DISMISSING this Case without prejudice and all pending matters and dates set before this Court are hereby VACATED. This Court will take no further action regarding this case. CASE CLOSED. (Tupolo, A)
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Patricia A. Savage, SBN 236235
Angela Hooper, SBN 334269
LAW OFFICES OF PATRICIA A. SAVAGE
1550 Humboldt Road, Suite 4
Chico, CA 95928
Telephone: (530) 809-1851
Facsimile: (530) 592-3865
Email: psavesq@gmail.com
Email: angelahooper.savagelaw@gmail.com
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Attorneys for Plaintiffs Mike Green and John Selby
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Patrick L. Deedon, SBN 245490
John R. Powell, SBN 320187
MAIRE & DEEDON
2851 Park Marina Drive, Suite 300
Redding, CA 96001-2813
Telephone: (530) 246-6050
Facsimile: (530) 246-6060
Email: pdeedon@maire-law.com
Email: jpowell@maire-law.com
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Attorneys for Defendants American Valley Community
Services District, Jim Doohan, Denny Churchill
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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STIPULATION AND ORDER TO
DISMISS PLAINTIFFS’
COMPLAINT WITHOUT
PREJUDICE
Plaintiffs,
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Case No. 2:21-cv-00131-WBS-DMC
MIKE GREEN and JOHN SELBY
v.
AMERICAN
VALLEY
COMMUNITY
SERVICES DISTRICT, JIM DOOHAN
DENNY CHURCHILL; and DOES 1 through
20, inclusive
Defendants.
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STIPULATION AND ORDER TO DISMISS PLAINTIFFS’
COMPLAINT
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RECITALS
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1.
Plaintiffs Mike Green and John Selby (“Plaintiffs”) commenced this action by
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filing a complaint in the United States District Court Eastern District of California (“Eastern
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District”) on or about January 22, 2021, against Defendants American Valley Community
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Services District, Jim Doohan, and Denny Churchill (collectively “Defendants”). Invoking
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jurisdiction through a federal question, Plaintiff’s complaint alleged one cause of action for
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Retaliation under Fair Labor Standards Act (FLSA) 29 U.S.C. § 215(a)(3).
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2.
On April 21, 2021, Defendants filed a Motion to Dismiss Plaintiffs’ First Cause of
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Action for Retaliation under the FLSA for failure to identify a qualifying protected activity under
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29 U.S.C. § 215 et seq. Without Plaintiffs’ first cause of action, Plaintiffs’ complaint lacks subject
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matter jurisdiction. Defendants, further, moved to dismiss Plaintiffs’ remaining causes of action
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for lack of supplemental jurisdiction.
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3.
The parties have met and conferred, and thereon agree, that Plaintiffs’ first cause
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of action for Retaliation under the FLSA cannot be maintained and must be dismissed. The
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dismissal of Plaintiff’s first cause of action deprives Plaintiffs’ complaint of subject matter
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jurisdiction. Upon the dismissal of Plaintiffs’ first cause of action, the Parties further agree that
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Plaintiffs’ remaining state claims must also be dismissed for lack of supplemental jurisdiction.
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4.
Given that the Parties have agreed that dismissal without prejudice is warranted at
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this time, the parties respectfully request that Plaintiffs’ Complaint filed in the Easter District, be
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dismissed without prejudice. The Parties agree to bear their own attorneys’ fees and costs.
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5.
The Parties agree that all relevant statutes of limitations have been tolled while this
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case was pending, and further that they will remain tolled for thirty (30) days after dismissal of
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this matter to allow Plaintiffs to refile their complaint in Plumas County Superior Court.
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STIPULATION AND ORDER TO DISMISS PLAINTIFFS’
COMPLAINT
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STIPULATION
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NOW, THREFORE, Plaintiffs and Defendants, by and through their attorneys of record,
hereby stipulate and agree that Plaintiffs’ Complaint filed herein be dismissed without prejudice.
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IT IS SO STIPULATED.
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Date: June 3, 2021
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_/s/ Patricia A. Savage_________________
Patricia A. Savage
Angela Hooper
Attorneys for Plaintiffs
Mike Green and John Selby
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LAW OFFICES OF PATRICIA A. SAVAGE
Date: June 3, 2021
MAIRE & DEEDON
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_/s/ Patrick L. Deedon_________________
Patrick L Deedon
James R. Powell
Attorneys for Defendants
American Valley Community Services District
Jim Doohan, and Denny Churchill
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ORDER
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Based on the Parties Stipulation, and good cause appearing therefore, IT IS ORDERED
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that Plaintiffs’ Complaint is dismissed without prejudice and that all pending matters and dates
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set before this Court are hereby VACATED. This Court will take no further action regarding this
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case.
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IT IS SO ORDERED.
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Dated: June 7, 2021
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STIPULATION AND ORDER TO DISMISS PLAINTIFFS’
COMPLAINT
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