Lopez v. Bio-Reference Laboratories, Inc. et al

Filing 30

STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 11/9/2023 DISMISSING this case with prejudice. CASE CLOSED. (Clemente Licea, O)

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HEATHER DAVIS, SBN 239372
[e-mail]
AMIR NAYEBDADASH, SBN 232204
[e-mail]
PRISCILLA GAMINO, SBN 315404
[e-mail]
PROTECTION LAW GROUP, LLP
237 California Street
El Segundo, California 90245
Tel.: [phone]/Fax: [phone]
Attorneys for Plaintiff
Denise Lopez
SEYFARTH SHAW LLP
Eric M. Lloyd (SBN 254390)
[e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]
SEYFARTH SHAW LLP
Michelle L. DuCharme (SBN 285572)
[e-mail]
Bradley D. Doucette (SBN 322611)
[e-mail]
400 Capitol Mall, Suite 2350
Sacramento, California 95814
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
BioReference Laboratories, Inc. and
OPKO Health, Inc.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
DENISE LOPEZ, individually and on behalf of others
similarly situated,
Plaintiff,

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v.

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BIO-REFERENCE LABORATORIES, INC. a New
Jersey corporation; OPKO HEALTH, INC., a
Delaware Corporation; and Does 1 through 50,
inclusive,

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Case No. 2:21-cv-02063-DJC-DB
Assigned to Hon. Daniel J. Calabretta
JOINT STIPULATION TO DISMISS
CASE; ORDER

Defendants.

JOINT STIPULATION TO DISMISS CASE; ORDER

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TO THE HONORABLE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:

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It is hereby stipulated by and between the Plaintiff DENISE LOPEZ (“Plaintiff”) and

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Defendants BIOREFERENCE HEALTH, LLC (formerly known as BioReference Laboratories, Inc.)
and OPKO HEALTH, INC. (“Defendants”) (collectively the “Parties”), by and through their respective
attorneys of record, as follows:

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RECITALS

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WHEREAS, on October 5, 2021, Plaintiff filed the instant Class Action Complaint in the

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Superior Court of the State of California, County of Amador (“Class Action”). (ECF No. 1-1.) On

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November 8, 2021, Defendants removed the Class Action Complaint to this Court;
WHEREAS, on December 21, 2021, Plaintiff filed a separate Private Attorneys General Act

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(“PAGA”) complaint in the Superior Court for the State of California, County of Los Angeles, case
number 21STCV46533 (“PAGA Action”), which alleges the same wage and hour violations against
the same Defendants as the instant matter;

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WHEREAS, on December 13, 2022, the Parties participated in a private mediation session with

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mediator Deborah Crandall Saxe and reached an agreement in principle to settle both the instant matter

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and the PAGA Action;
WHEREAS, the Parties agreed, for purposes of settlement only, to seek approval of Plaintiff’s
Class Action and PAGA Action in the Los Angeles County Superior Court, and staying the instant
matter during the settlement approval process;
WHEREAS, on January 4, 2023, the Parties filed their Notice of Settlement and Joint
Stipulation and [Proposed] Order to Stay the Action (ECF No. 22);
WHEREAS, on January 11, 2023, the Court executed the Order staying this Action while the
Parties sought approval of their global settlement in the Los Angeles County Superior Court and
ordered the Parties to file a stipulated request for dismissal of this Action within seven (7) days after

JOINT STIPULATION TO DISMISS CASE; ORDER - 1

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the Los Angeles County Superior Court entered judgment (ECF No. 23); and
WHEREAS, on November 2, 2023, the Los Angeles County Superior Court granted final
approval of the global settlement and executed the Final Order and Judgment.
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED between the Parties,
by and through their Counsel of record, as follows:
1.

This case is dismissed with prejudice.

IT IS SO STIPULATED.

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DATED: November 9, 2023

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By: /s/ Heather Davis
Heather Davis
Amir Nayebdadash
Priscilla Gamino
Attorneys for Plaintiff
Denise Lopez

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PROTECTION LAW GROUP, LLP

DATED: November 9, 2023

SEYFARTH SHAW LLP
By: /s/ Michelle L. DuCharme (as authorized on 11/9/23)
Eric M. Lloyd
Michelle L. DuCharme
Bradley D. Doucette
Attorneys for Defendants
BioReference Laboratories, Inc. and
OPKO Health, Inc.

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JOINT STIPULATION TO DISMISS CASE; ORDER - 2

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ORDER

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Upon consideration of the foregoing Stipulation, and good cause appearing therefor, IT IS
HEREBY ORDERED:
1. The case of Lopez v. BioReference Health, LLC, et al., United States District Court – Eastern
District of California, Case No. 2:21-cv-02063-DJC-DB, is dismissed with prejudice; and
2. The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.

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Dated: November 9, 2023

/s/ Daniel J. Calabretta
THE HONORABLE DANIEL J. CALABRETTA
UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION TO DISMISS CASE; ORDER - 3