Waterbury et al. v. Safeway Inc.

Filing 63

ORDER DISMISSING CASE WITHOUT PREJUDICE re 62 Proposed Order filed by Lachlan Waterbury. Signed by Judge James Larson on 2/12/09. (jlsec, COURT STAFF) (Filed on 2/12/2009)

Case 3:06-cv-02072-JL

Document 62

Filed 02/11/2009

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SCOTT COLE & ASSOCIATES, APC

Scott Edward Cole, Esq. (S.B. #160744) Matthew R. Bainer, Esq. (S.B. #220972) Kevin R. Allen, Esq. (S.B. #237994) SCOTT COLE & ASSOCIATES, APC 1970 Broadway, Ninth Floor Oakland, California 94612 Telephone: [phone] Facsimile: [phone] Web: www.scalaw.com Attorneys for Representative Plaintiffs and the Plaintiff Class R. Brian Dixon, Esq. (S.B. #76247) Laura E. Hayward, Esq. (S.B. #204014) LITTLER MENDELSON, APC 650 California Street, 20th Floor San Francisco, California 94108 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant Safeway, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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ATTORNEYS AT LAW THE WACHOVIA TOWER 1970 BROADWAY, NINTH FLOOR OAKLAND, CA 94612 TEL: [phone]

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) ) ) ) ) Plaintiffs, ) ) vs. ) SAFEWAY, INC., and DOES 1 through ) ) 25, inclusive, ) ) Defendants. _________________________________ ) LACHLAN WATERBURY, KEN FAROTTE, individually, and on behalf of all others similarly situated,

Case No.: C 06 02072 JL CLASS ACTION STIPULATED [PROPOSED] ORDER DISMISSING CASE WITHOUT PREJUDICE AND REMOVING PENDING HEARING DATES Judge: Hon. James Larson

WHEREAS Plaintiffs Lachlan Waterbury and Ken Farotte ("Plaintiffs") and Defendant Safeway, Inc. ("Safeway") have agreed to litigate all of Plaintiffs' individual claims in the pending Alameda County Superior Court case entitled Farotte v. Safeway, Inc. (Case Number RG05205915);

-1Stipulated [Proposed] Order Removing Hearing Dates on Plaintiffs' Motion to Dismiss Without Prejudice

Case 3:06-cv-02072-JL

Document 62

Filed 02/11/2009

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SCOTT COLE & ASSOCIATES, APC

WHEREAS on February 9, 2009, Plaintiffs Lachlan Waterbury and Ken Farotte filed a Motion for Dismissal Without Prejudice of the current matter, setting the same for hearing on March 18, 2009 at 9:30 a.m.; WHEREAS neither party is requesting a hearing on Plaintiffs' Motion for Dismissal Without Prejudice and Defendant does not oppose said motion or the relief Plaintiffs requested therein; WHEREAS there is currently a Case Management Conference scheduled to take place in this matter on February 18, 2009;

IT IS THEREFORE STIPULATED AND AGREED, by and between the parties hereto through their attorneys of record, and subject to the approval of the Court pursuant to Local Rule 6-2, as follows: 1. 2. 3. 4. This action is dismissed without prejudice; No notice to putative class members is required; The parties shall bear their own costs; The February 18, 2009 Case Management Conference and the March 18, 2009

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ATTORNEYS AT LAW THE WACHOVIA TOWER 1970 BROADWAY, NINTH FLOOR OAKLAND, CA 94612 TEL: [phone]

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hearing for Plaintiffs' Motion for Dismissal Without Prejudice shall both be removed from the Court's calendar.

IT IS SO STIPULATED, THROUGH COUNSEL.

Dated: February 11, 2009

By:

/s/ Kevin R. Allen Kevin R. Allen, Esq. SCOTT COLE & ASSOCIATES, APC Attorneys for Plaintiffs

Dated: February 11, 2009

By:

/s/ Laura E. Hayward Laura E. Hayward, Esq. LITTLER MENDELSON, APC Attorneys for Defendant Safeway, Inc.

-2Stipulated [Proposed] Order Removing Hearing Dates on Plaintiffs' Motion to Dismiss Without Prejudice

Case 3:06-cv-02072-JL

Document 62

Filed 02/11/2009

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SCOTT COLE & ASSOCIATES, APC

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: February 12 , 2009

By:

Honorable James Larson United States Magistrate Judge

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ATTORNEYS AT LAW THE WACHOVIA TOWER 1970 BROADWAY, NINTH FLOOR OAKLAND, CA 94612 TEL: [phone]

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-3Stipulated [Proposed] Order Removing Hearing Dates on Plaintiffs' Motion to Dismiss Without Prejudice