Cox v. Electronic Data Systems Corporation

Filing 38

STIPULATION AND ORDER FOR DISMISSAL OF THIRD CAUSE OF ACTION. Signed by Judge Alsup on April 1, 2009. (whalc1, COURT STAFF) (Filed on 4/1/2009)

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Case 3:08-cv-03927-WHA Document 37 Filed 03/26/2009 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 DAN SIEGEL, SBN 56400 DEAN ROYER, SBN 233292 SIEGEL & YEE 499 14th Street, Suite 220 Oakland, CA 94612 Telephone: 510.839.1200 Facsimile: 510.444.6698 Email: deanroyer@siegelyee.com Attorneys for Plaintiff DONNIE COX ROBERT L. ZALETEL, Bar No. 096262 LITTLER MENDELSON A Professional Corporation 650 California Street, 20th Floor San Francisco, CA 94108.2693 Telephone: 415.433.1940 rzaletel@littler.com Email: LEE HUTTON, Ohio Bar No. 0006794 LITTLER MENDELSON A Professional Corporation 1100 Superior Avenue, 20th Floor Cleveland, OH 44114 Telephone: 216.696.7600 Email: lhutton@littler.com (Admitted Pro Hac Vice) Attorneys for Defendant ELECTRONIC DATA SYSTEMS L.L.C., formerly known as ELECTRONIC DATA SYSTEMS CORPORATION UNITED STATES DISTRICT COURT 19 NORTHERN DISTRICT OF CALIFORNIA 20 21 22 23 24 25 26 27 28 LIT T LE R ME N D E LS O N A PR O F E S S I O N A L C O R P O R A T I O N 650 C a l i fo r n ia Stre e t 20th F l o or Sa n F ra n c i s co , C A 94108. 2 69 3 415. 43 3 . 19 4 0 DONNIE COX, Plaintiff, v. ELECTRONIC DATA SYSTEMS CORPORATION; and DOES 1 through 10, inclusive, Defendants. Case No. CV 08 3927 WHA STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF THIRD CAUSE OF ACTION OF THE FIRST AMENDED COMPLAINT AND PARAGRAPH 47 OF THE SEVENTH CAUSE OF ACTION (Fed. R. Civ. P. 41(a)(1)) STIP. AND [PROPOSED] ORDER RE DISMISSAL OF 3RD CAUSE OF ACTION CASE NO. CV 08 3927 WHA Case 3:08-cv-03927-WHA Document 37 Filed 03/26/2009 Page 2 of 3 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 LIT T LE R ME N D E LS O N A PR O F E S S I O N A L C O R P O R A T I O N 650 C a l i fo r n ia Stre e t 20th F l o or Sa n F ra n c i s co , C A 94108. 2 69 3 415. 43 3 . 19 4 0 WHEREAS, the Parties have reached a partial settlement of the case with respect to the claims that Plaintiff was not paid appropriate sums in his final paycheck in a timely manner under California Labor Code §§ 201, 203; and WHEREAS, the Parties wish to simplify the issues in this case through a partial settlement; and WHEREAS, as part of the settlement Plaintiff has agreed to dismiss the Third Cause of Action of the First Amended Complaint (Late Payment of Wages, Labor Code § 201) and paragraph 47 of the Seventh Cause of Action for Unfair Business Practices (incorporating the allegations of the Third Cause of Action) with prejudice, with each side to bear its own attorneys' fees and costs associated only with those claims. WHEREFORE, the Parties hereby stipulate to the dismissal of the Third Cause of Action of the First Amended Complaint and paragraph 47 of the Seventh Cause of Action with prejudice, with each side to bear its own attorneys' fees and costs associated only with those claims. SO STIPULATED. Dated: March 26, 2009 /s/_Dean Royer________________________ DEAN ROYER SIEGEL & YEE Attorneys for Plaintiff DONNIE COX Dated: February _____, 2009 /s/ Robert L. Zaletel_____________________ ROBERT L. ZALETEL LITTLER MENDELSON A Professional Corporation Attorneys for Defendant ELECTRONIC DATA SYSTEMS L.L.C., formerly known as ELECTRONIC DATA SYSTEMS CORPORATION [PROPOSED] ORDER FOR GOOD CAUSE APPEARING: Pursuant to the partial settlement of the case, the Third Cause of Action of the First STIP. AND [PROPOSED] ORDER RE DISMISSAL OF 3RD CAUSE OF ACTION 2. CASE NO. CV 08 3927 WHA Case 3:08-cv-03927-WHA Document 37 Filed 03/26/2009 Page 3 of 3 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 LIT T LE R ME N D E LS O N A PR O F E S S I O N A L C O R P O R A T I O N 650 C a l i fo r n ia Stre e t 20th F l o or Sa n F ra n c i s co , C A 94108. 2 69 3 415. 43 3 . 19 4 0 Amended Complaint and paragraph 47 of the Seventh Cause of Action of the First Amended Complaint are hereby dismissed with prejudice, with each side to bear its own attorneys' fees and costs associated only with those claims. UNIT ED ISTRIC ES D TC AT T RT U O S HON. WILLIAM H. ALSUP United States District Court Judge E RN F D IS T IC T O R Firmwide:88603004.1 056073.1009 STIP. AND [PROPOSED] ORDER RE DISMISSAL OF 3RD CAUSE OF ACTION 3. CASE NO. CV 08 3927 WHA A C LI FO Judge W lsup illiam A R NIA April 1 Dated: ___________________, 2009 OO IT IS S RDERE D NO RT H

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