Thomas v. Home Depot U.S.A. Inc.

Filing 85

ORDER DISMISSING CASE with right to revive. (tf, COURT STAFF) (Filed on 8/28/2009)

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JOSE R. MATA, SBN 83724 E-Mail: [e-mail] BAILEY PINNEY, PC 1498 SE Tech Center Place, Suite 290 Vancouver, WA 98683 Telephone: [phone] Fax: [phone] Attorneys for Plaintiff Erik Alan Thomas

UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 14 15 16 Plaintiff, 17 vs. 18 19 20 Defendants. 21 22 23 24 25 26 27 28 1. Stipulation and Proposed Order ­ Case No. 06-02705 SI IT IS HEREBY STIPULATED BY AND BETWEEN Plaintiff, Eric Alan Thomas, and Defendant, Home Depot U.S.A., Inc., through their counsel of record, as follows: HOME DEPOT U.S.A., INC., a Delaware Corporation, and DOES 1 through 25, Inclusive, Hon. Susan Illston NO HEARING SET ERIK ALAN THOMAS, individually and on behalf of all others similarly situated and as a Private Attorney General, Case No. 06-02705 SI STIPULATED MOTION AND [PROPOSED] ORDER TO DISMISS WITH RIGHT TO REVIVE

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1)

That this action be dismissed without prejudice, subject to the right of Plaintiff to

file a statement reviving the case within six months (but not earlier than five months) from the date of the signing of the accompanying proposed order. Plaintiff may file a statement reviving the case only if there is not yet any final approval by the Los Angeles Superior Court of the proposed settlement in the Coordinated Home Depot Employment Cases, Judicial Council Coordination Proceeding No. 4383, or if his claims are not settled by the proposed settlement as approved by the Los Angeles Superior Court.

2)

This action shall be dismissed with prejudice if there is a final approval of the

proposed settlement by the Los Angeles Superior Court that settles Plaintiff's claims or if Plaintiff does not file a statement reviving the case within six months from the date of the signing of the accompanying proposed order.

3)

The effect of the dismissal without prejudice, during the period in which

plaintiff has a right to revive, shall be the same for all purposes, including the tolling of the statute of limitations for Plaintiff and for putative class members, as if the case had remained stayed during the period in which Plaintiff has a right or revive. If this case is revived, neither party nor any putative class member shall gain any advantage or disadvantage from the dismissal without prejudice. Instead, this case shall be treated as if it had continued to remain stayed and had never been dismissed.

4)

This agreement and stipulation of the parties and the proposed order shall have

no effect on, and shall not be read to modify in any way, the terms of the global settlement that is being considered by the Los Angeles Superior Court in the Coordinated Home Depot Employment Cases. In the event of any conflict between this stipulation and the settlement agreement, the terms of the settlement agreement shall control; Stipulation and Proposed Order ­ Case No. 06-02705 SI

2.

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5)

Neither party is entitled to an award of attorneys' fees or costs or to be regarded as

the prevailing party based on the dismissal. Instead, fees and costs are governed by the settlement agreement in the Coordinated Home Depot Employment cases.

________________________________ Dated: August 21, 2009 BAILEY PINNEY, PC JOSE R. MATA

By:

/s/

Jose R. Mata Attorneys for Plaintiff Erik Thomas Dated: August 21, 2009 LLP GREGORY W. KNOPP GARY M. McLAUGHLIN AKIN GUMP STRAUSS HAUER & FELD

By:

/s/

Gary M. McLaughlin Attorneys for Defendant Home Depot U.S.A., Inc.

3.

Stipulation and Proposed Order ­ Case No. 06-02705 SI

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ORDER On the stipulation of the parties, and good cause appearing therefor, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: This action is hereby dismissed without prejudice, subject to the right of

Plaintiff to file a statement reviving this case within six months (but not earlier than five months) from the date of the signing of this order. Plaintiff may file a statement reviving this case only if there is not yet any final approval by the Los Angeles Superior Court of the proposed settlement in the Coordinated Home Depot Employment Cases or if his claims are not settled by the proposed settlement as approved by the Los Angeles Superior Court.

This action shall be dismissed with prejudice if there is a final approval of

the proposed settlement by the Los Angeles Superior Court that settles Plaintiff's claims or if Plaintiff does not file a statement reviving the case within six months from the date 15 of the signing of this order. 16 17 18 19 20 21 22 23 24 25 26 27 shall not be read to modify in any way, the terms of the global settlement that is being 28 4. Stipulation and Proposed Order ­ Case No. 06-02705 SI 4) The stipulation of the parties and this order shall have no effect on, and remained stayed during the period in which Plaintiff has a right or revive. If this case is revived, neither party nor any putative class member shall gain any advantage or disadvantage from the dismissal without prejudice. Instead, this case shall be treated as if it had continued to remain stayed and had never been dismissed. 3) The effect of this dismissal without prejudice, during the period in which

plaintiff has a right to revive, shall be the same for all purposes, including the tolling of the statute of limitations for Plaintiff and for putative class members, as if the case had

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considered by the Los Angeles Superior Court in the Coordinated Home Depot Employment Cases. In the event of any conflict between this stipulation and the settlement agreement, the terms of the settlement agreement shall control; 5) Neither party is entitled to an award of attorneys' fees or costs or to be

regarded as the prevailing party based on this dismissal. Instead, fees and costs are 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. Stipulation and Proposed Order ­ Case No. 06-02705 SI 21 Dated: August ____, 2009 _________________________________ Hon. Susan Illston United States District Court Judge governed by the settlement agreement in the Coordinated Home Depot Employment cases.