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

Filing 89

ORDER to dismiss with prejudice (tf, COURT STAFF) (Filed on 4/23/2010)

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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 Plaintiff, Eric Alan Thomas, and Defendant, Home Depot U.S.A., Inc., through their counsel record, stipulate as follows: NO HEARING SET HOME DEPOT U.S.A., INC., a Delaware Corporation, and DOES 1 through 25, Inclusive, Hon. Susan Illston 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 PREJUDICE

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Stipulation and Proposed Order ­ Case No. 06-02705 SI 1) This action was dismissed without prejudice on August 21, 2009 (Docket No. 85) with

Plaintiff having the right to revive the action if, within six months of the dismissal without prejudice, the Los Angeles Superior Court had not given final approval to a proposed global settlement in the Coordinated Home Depot Employment Cases, Judicial Council Coordination Proceeding No. 4383. 2) On January 27, 2010, the Los Angeles Superior Court filed a final judgment approving the

proposed settlement in the Coordinated Home Depot case. Further, the 60-day period for appealing that final judgment has expired and there are presently no appeals pending. 3) The above settlement, now finally approved by the Los Angeles Superior Court, disposes of

all of the claims asserted in this action, including all of the individual and class claims. Under the terms of that global settlement, this action must be dismissed with prejudice. 4) 5) The parties therefore agree that this action should now be dismissed with prejudice. The stipulation of the parties shall have no effect on, and shall not be read to modify in any

way, the terms of the global settlement that was finally approved 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. 6) Neither party is entitled to an award of attorneys' fees or costs or to be regarded as

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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Stipulation and Proposed Order ­ Case No. 06-02705 SI By: /s/ Gary M. McLaughlin Gary M. McLaughlin Attorneys for defendant Home Depot U.S.A., Inc. Dated: April 20 2010 AKIN GUMP STRAUSS HAUER & FELD LLP GREGORY W. KNOPP GARY M. McLAUGHLIN By: /s/ Jose R. Mata Jose R. Mata Attorneys for Plaintiff Erik Thomas Dated: April 20, 2010 BAILEY PINNEY, PC JOSE R. MATA

1 2 3 4 5 6 2) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 21 Dated: April ____, 2010 1)

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 with prejudice.

The stipulation of the parties and this order shall have no effect on, and

shall not be read to modify in any way, the terms of the global settlement that was finally approved 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. 3) 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 governed by the settlement agreement in the Coordinated Home Depot Employment Cases.

_________________________________ Hon. Susan Illston United States District Court Judge

Stipulation and Proposed Order ­ Case No. 06-02705 SI