Green et al v. American Valley Community Services Dist., et al

Filing 7

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)

1
2
3
4
5
6

Patricia A. Savage, SBN 236235
Angela Hooper, SBN 334269
LAW OFFICES OF PATRICIA A. SAVAGE
1550 Humboldt Road, Suite 4
Chico, CA 95928
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

7

Attorneys for Plaintiffs Mike Green and John Selby

8

Patrick L. Deedon, SBN 245490
John R. Powell, SBN 320187
MAIRE & DEEDON
2851 Park Marina Drive, Suite 300
Redding, CA 96001-2813
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

9
10
11
12
13
14

Attorneys for Defendants American Valley Community
Services District, Jim Doohan, Denny Churchill

15

UNITED STATES DISTRICT COURT

16

EASTERN DISTRICT OF CALIFORNIA

17
18

21
22
23
24

STIPULATION AND ORDER TO
DISMISS PLAINTIFFS’
COMPLAINT WITHOUT
PREJUDICE

Plaintiffs,

19
20

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.

25
26
27
28
STIPULATION AND ORDER TO DISMISS PLAINTIFFS’
COMPLAINT

1
.

1

RECITALS

2

1.

Plaintiffs Mike Green and John Selby (“Plaintiffs”) commenced this action by

3

filing a complaint in the United States District Court Eastern District of California (“Eastern

4

District”) on or about January 22, 2021, against Defendants American Valley Community

5

Services District, Jim Doohan, and Denny Churchill (collectively “Defendants”). Invoking

6

jurisdiction through a federal question, Plaintiff’s complaint alleged one cause of action for

7

Retaliation under Fair Labor Standards Act (FLSA) 29 U.S.C. § 215(a)(3).

8

2.

On April 21, 2021, Defendants filed a Motion to Dismiss Plaintiffs’ First Cause of

9

Action for Retaliation under the FLSA for failure to identify a qualifying protected activity under

10

29 U.S.C. § 215 et seq. Without Plaintiffs’ first cause of action, Plaintiffs’ complaint lacks subject

11

matter jurisdiction. Defendants, further, moved to dismiss Plaintiffs’ remaining causes of action

12

for lack of supplemental jurisdiction.

13

3.

The parties have met and conferred, and thereon agree, that Plaintiffs’ first cause

14

of action for Retaliation under the FLSA cannot be maintained and must be dismissed. The

15

dismissal of Plaintiff’s first cause of action deprives Plaintiffs’ complaint of subject matter

16

jurisdiction. Upon the dismissal of Plaintiffs’ first cause of action, the Parties further agree that

17

Plaintiffs’ remaining state claims must also be dismissed for lack of supplemental jurisdiction.

18

4.

Given that the Parties have agreed that dismissal without prejudice is warranted at

19

this time, the parties respectfully request that Plaintiffs’ Complaint filed in the Easter District, be

20

dismissed without prejudice. The Parties agree to bear their own attorneys’ fees and costs.

21

5.

The Parties agree that all relevant statutes of limitations have been tolled while this

22

case was pending, and further that they will remain tolled for thirty (30) days after dismissal of

23

this matter to allow Plaintiffs to refile their complaint in Plumas County Superior Court.

24

//

25

//

26

//

27
28
STIPULATION AND ORDER TO DISMISS PLAINTIFFS’
COMPLAINT

2
.

1

STIPULATION

2
3

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.

4

IT IS SO STIPULATED.

5
6

Date: June 3, 2021

7

_/s/ Patricia A. Savage_________________
Patricia A. Savage
Angela Hooper
Attorneys for Plaintiffs
Mike Green and John Selby

8
9
10
11

LAW OFFICES OF PATRICIA A. SAVAGE

Date: June 3, 2021

MAIRE & DEEDON

12
_/s/ Patrick L. Deedon_________________
Patrick L Deedon
James R. Powell
Attorneys for Defendants
American Valley Community Services District
Jim Doohan, and Denny Churchill

13
14
15
16
17

ORDER

18

Based on the Parties Stipulation, and good cause appearing therefore, IT IS ORDERED

19

that Plaintiffs’ Complaint is dismissed without prejudice and that all pending matters and dates

20

set before this Court are hereby VACATED. This Court will take no further action regarding this

21

case.

22

IT IS SO ORDERED.

23

Dated: June 7, 2021

24
25
26
27
28
STIPULATION AND ORDER TO DISMISS PLAINTIFFS’
COMPLAINT

3
.