Wong et al v. Golden State Supply Inc et al

Filing 19

STIPULATION AND ORDER TO DISMISS CLASS ACTION ALLEGATIONS AND FILE FIRST AMENDED COMPLAINT. Signed by Judge Joseph C. Spero on 4/13/09. (klh, COURT STAFF) (Filed on 4/14/2009)

Case 3:08-cv-04569-JCS

Document 18

Filed 04/13/2009

Page 1 of 4

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

STAN S. MALLISON (SBN 184191) HECTOR R. MARTINEZ (SBN 206336) LAW OFFICES OF MALLISON & MARTINEZ 1042 Brown Avenue Lafayette, CA 94549 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for PLAINTIFFS PHILLIP J. ESKENAZI (SBN 158976) HUNTON & WILLIAMS LLP 550 South Hope Street, Suite 2000 Los Angeles, California 90071 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for DEFENDANTS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. 3:08-cv-04569-JCS PATRICK WONG and CARLOS SUAREZ, CLASS ACTION individually and on behalf of a class of similary situated individuals, STIPULATION TO DISMISS CLASS ACTION ALLEGATIONS AND FILE PLAINTIFFS, FIRST AMENDED COMPLAINT; [PROPOSED] ORDER THEREON vs.

GOLDEN STATE SUPPLY, INC. (a California Corporation); GENERAL PARTS, INC. (a North Carolina Corporation); and DOES 1 through 20, inclusive, DEFENDANTS.

1

Case No. 3:08-cv-04569-JCS

Stipulation to Dismiss Class Allegations; [Proposed] Order Thereon

Case 3:08-cv-04569-JCS

Document 18

Filed 04/13/2009

Page 2 of 4

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

Plaintiffs PATRICK WONG and CARLOS SUAREZ and Defendants GOLDEN STATE SUPPLY, INC. and GENERAL PARTS, INC. hereby stipulate as follows: 1. On November 20, 2008, California Superior Court Judge Jane Johnson

granted preliminary approval of a class settlement in Roland R. Mendez, on behalf of himself and others similarly situated, v. Golden State Supply, Inc. and Does 1 to 50, Los Angeles Superior Court Case No. BC 379914 (hereafter "Mendez Action"). A true and correct copy of said Court's "Order Granting Preliminary Approval of Class Action Settlement" is attached hereto as Exhibit "A." 2. The application for preliminary approval of a class settlement in the Mendez

Action is made pursuant to a Class Action Settlement Agreement entered into between the parties in the Mendez Action. Said Class Action Settlement releases state and federal wage and hour claims brought by the Mendez Action plaintiff on behalf of himself and similarly situated class members for unpaid regular and overtime hours, minimum wages, rest periods, meal periods, waiting time penalties and accurate wage statements (including California Labor Code sections 200, 203, 204, 218, 226, 226.7, 500, 510, 1197 or PAGA, and the FLSA, 29 U.S.C. section 201, et seq.). A true and correct copy of said Class action Settlement is attached hereto as Exhibit "B." 3. Plaintiffs PATRICK WONG and CARLOS SUAREZ have timely opted out

of the Mendez Action settlement in order to pursue their claims individually. A true and correct copy of Plaintiff PATRICK WONG'S opt out notice is attached as Exhibit "C" and a true and correct copy of Plaintiff CARLOS SUAREZ' opt out notice is attaches as Exhibit "D."
-2Case No. 3:08-cv-04569-JCS

Stipulation to Dismiss Class Allegations; [Proposed] Order Thereon

Case 3:08-cv-04569-JCS

Document 18

Filed 04/13/2009

Page 3 of 4

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

4.

As stipulated by the parties in this action, this Court may allow Plaintiffs

PATRICK WONG and CARLOS SUAREZ to file their [proposed] First Amended Complaint, which dismisses all class allegations. A true and correct copy of said [proposed] Amended Complaint as Exhibit "E."

DATED: April 13, 2009

LAW OFFICES OF MALLISON & MARTINEZ By: /s/ Hector R. Martinez Stan S. Mallison Hector R. Martinez Attorneys for Plaintiffs

DATED: April 13, 2008

HUNTON & WILLIAMS LLP By: /s/ Phillip Eskenazi Phillip Eskenazi Attorneys for Defendants

-3-

Case No. 3:08-cv-04569-JCS

Stipulation to Dismiss Class Allegations; [Proposed] Order Thereon

Case 3:08-cv-04569-JCS

Document 18

Filed 04/13/2009

Page 4 of 4

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
-4Case No. 3:08-cv-04569-JCS Stipulation to Dismiss Class Allegations; [Proposed] Order Thereon

IT IS SO ORDERED: The parties having so stipulated and GOOD CAUSE APPEARING, Plaintiffs PATRICK WONG and CARLOS SUAREZ are hereby allowed to file their [proposed] First Amended Complaint.
UNIT ED
ISTRIC ES D TC AT T

RT U O

ER

N

F D IS T IC T O R

A

C

LI

FO

Judge Jo

seph C.

Spero

R NIA

Dated: April 13, 2009

_____

____ The Honorable Joseph C. Spero
NO

S

RT

H