Alexander et al v. FedEx Ground Package System, Inc. et al

Filing 61

STIPULATION AND ORDER re 60 OF DISMISSAL OF PLAINTIFFS' CLAIMS UNDER THE FAMILY MEDICAL LEAVE ACT filed by Paul Infantino, Allan Ross, Jorge Isla, Suzanne Andrade, Dean Alexander, Ely Ines, Jarrett Henderson, Joey Rodriguez, Jesse Padilla, Bernard Mendoza. Signed by Judge Edward M. Chen on 10/16/12. (bpf, COURT STAFF) (Filed on 10/16/2012)

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CHRIS A. HOLLINGER (S.B. #147638)
[e-mail]
MEGHANN HISCOCKS (S.B. # 274766)
[e-mail]
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, California 94111-3823
Telephone:
[phone]
Facsimile:
[phone]

CAROLYN KUBOTA (S.B. #113660)
[e-mail]
ROBERT M. SWERDLOW (S.B. #200266)
[e-mail]
O’MELVENY & MYERS LLP
400 South Hope Street
Los Angeles, California 90071-2899
Telephone:
[phone]
Facsimile:
[phone]

Attorneys for Defendant
FedEx Ground Package System, Inc.

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BETH A. ROSS (S.B. #141337)
[e-mail]
AARON D. KAUFMANN (S.B. #148580)
[e-mail]
ELIZABETH C. MORRIS (S.B. #260513)
[e-mail]
LEONARD CARDER, LLP
1330 Broadway, Suite 1450
Oakland, California 94612
Telephone: [phone]
Facsimile:
[phone]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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DEAN ALEXANDER, et al.,
Plaintiffs,

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v.
FEDEX GROUND PACKAGE SYSTEM,
INC., et al.,

Case No. 3:05-cv-38 EMC
STIPULATION AND [PROPOSED]
ORDER OF DISMISSAL OF PLAINTIFFS’
CLAIMS UNDER THE FAMILY AND
MEDICAL LEAVE ACT
Judge: Edward M. Chen
Dept.: Courtroom 5 - 17th Floor

Defendant.

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STIPULATION AND [PROPOSED] ORDER OF
DISMISSAL OF FMLA CLAIMS
3:05-CV-38 EMC

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IT IS HEREBY STIPULATED AND AGREED by and between the parties to the abovecaptioned action through their respective counsel as follows:

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WHEREAS, the district court presiding over the multi-district litigation (“MDL”)

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proceeding to which this case was initially transferred, In re FedEx Ground Package Sys., Inc.

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Employment Practices Litig., 3:05-md-527 (N.D. Ind.), remanded the case to this Court to

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adjudicate the remaining claims arising under the Family and Medical Leave Act (the “FMLA”)

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pursuant to 29 U.S.C. § 2601, et seq. (the “FMLA Claims”);

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WHEREAS, eight of the named plaintiffs, Albert Anaya, Suzanne Andrade, Ely Ines, Paul

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Infantino, Erik Jeppson, Gupertino Magana, Dale Brian Rose, and Agostino Scalercio, elected to

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pursue their FMLA Claims while the other named plaintiffs (Dean Alexander, Peter Allen, Jarrett

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Henderson, Jorga Isla, Bernard Mendoza, Jesse Padilla, Joey Rodriguez, Allen Ross, Dean Wiley,

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and Anthony Ybarra) elected not to pursue their FMLA Claims;

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WHEREAS, the parties, including all of the 18 named plaintiffs have agreed to settle the

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plaintiffs’ FMLA Claims pursuant to a Settlement and Release Agreement (the “Agreement”),

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under which Defendant admitted to no wrongdoing or liability and in no way waives plaintiffs'

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right to appeal the summary judgment entered for defendant as to the non-FMLA claims, which

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calls for the voluntary dismissal with prejudice of all of the FMLA Claims;

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IT IS HEREBY STIPULATED AND AGREED by and among the parties, through their

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respective counsel, that all of the remaining FMLA Claims in the above-captioned action be and

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hereby are dismissed with prejudice pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil

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Procedure. The parties further stipulate that neither party is the prevailing party as to the FMLA

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Claims, and that each party shall be responsible for their own attorney’s fees, expert fees, and

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costs as to those claims. The parties further stipulate that nothing herein shall affect their rights,

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(continued on next page)

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STIPULATION AND [PROPOSED] ORDER OF
DISMISSAL OF FMLA CLAIMS

3:05-CV-38 EMC

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if any, to obtain applicable attorney’s fees, expert fees, and costs as to the other claims in this

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lawsuit.

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Dated: October 15, 2012

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BETH A. ROSS
AARON D. KAUFMANN
LEONARD CARDER LLP

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By:

/s/ Aaron D. Kaufmann
Aaron D. Kaufman
Attorneys for Plaintiffs

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Dated: October 4, 2012

CHRIS A. HOLLINGER
CAROLYN KUBOTA
O’MELVENY & MYERS LLP

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By:

/s/ Robert M. Swerdlow
Robert M. Swerdlow
Attorneys for Defendant
FedEx Ground Package System, Inc.

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Attestation
I hereby attest that the other signatory listed, on whose behalf the filing is submitted,
concurs in the filing’s content and has authorized the filing.

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Dated: October 15, 2012

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/s/ Aaron D. Kaufmann
Aaron D. Kaufmann
Attorney for Plaintiffs

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STIPULATION AND [PROPOSED] ORDER OF
DISMISSAL OF FMLA CLAIMS

3:05-CV-38 EMC

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[PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE

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referenced action are dismissed with prejudice.

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applicable attorney’s fees, expert fees, and costs as to the remaining claims in this lawsuit.
The Clerk of the Court is instructed to close the file in this case.
PURSUANT TO THE PARTIES’ STIPULATION, IT IS SO ORDERED.

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en

S

d M. Ch

dwar
Judge E

ER

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RT

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ED
ORDER
SOEdward ED Chen
IT IS
The Honorable DIFI M.
UNITEDAS MO DISTRICT COURT JUDGE
STATES

NO

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October 16, 2012

UNIT
ED

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Dated:

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S DISTRICT
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FMLA claims in this matter. Nothing herein shall affect the parties’ rights if any, to obtain

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FO

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Each party will bear its own attorneys’ fees, expert fees, and costs related to the

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2.

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All claims brought under the Family and Medical Leave Act in the above-

N

D IS T IC T
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OF

C

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STIPULATION AND [PROPOSED] ORDER OF
DISMISSAL OF FMLA CLAIMS

3:05-CV-38 EMC