Velasquez et al v. HSBC Finance Corporation et al

Filing 126

STIPULATION AND ORDER DISMISSING CASE. Signed by Judge Samuel Conti on 5/26/11. (tdm, COURT STAFF) (Filed on 5/26/2011)

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GEORGE J. TICHY, II, Bar No. 041146
MICHAEL F. MCCABE, Bar No. 111151
MICHELLE R. BARRETT, Bar No. 197280
SOFIJA ANDERSON, Bar No. 221602
LITTLER MENDELSON
A Professional Corporation
650 California Street, 20th Floor
San Francisco, CA 94108.2693
Telephone:
415.433.1940
Facsimile:
415.399.8490
Email: [e-mail]; [e-mail];
[e-mail]; [e-mail]
Attorneys for Defendants
HSBC FINANCE CORPORATION and Beneficial
Company LLC
PETER A. MUHIC, pro hac vice
KESSLER TOPAZ MELTZER & CHECK, LLP
280 King Of Prussia Road
Radnor, Pennsylvania 19087
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO
PAUL VELASQUEZ, FAVIOLA
ALVAREZ, MARCELO ALTAMIRANO,
JACKEY WILSON II, CARLOS
MARTINEZ and DIONICIO MARTINEZ
on behalf of themselves and all others
similarly situated,
Plaintiffs,
v.
HSBC FINANCE CORPORATION;
HOUSEHOLD FINANCE
CORPORATION; BENEFICIAL
COMPANY LLC,
Defendants.

Case No.: C 08-04592-SC [MEJ]
JOINT STIPULATION & [PROPOSED]
ORDER TO DISMISS CASE WITH
PREJUDICE
Judge:
Courtroom:
Complaint Filed:
Trial Date:

Senior Judge Samuel Conti
1, 17th Floor
October 2, 2008
No date set

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LIT T LE R ME NDE LSO N

A P R O F E S S I ON A L C O RP O R AT I O N
O ne Union Squa re
600 Unive rsity Stre e t, Suite 3200
Se a ttle , WA 98101. 3122
206. 623. 3300

JOINT STIP. AND [PROPOSED] ORDER
TO DISMISS WITH PREJUDICE

Case No. 3:08-CV-04592-SC [MEJ]

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Plaintiffs Marcelo Altamirano, et al. and Defendants HSBC Finance Corporation, et

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al. (“Defendants”), by and through their respective counsel of record (collectively “the Parties”),

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hereby stipulate and agree as follows:

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STIPULATION
WHEREAS, Plaintiffs Paul Velasquez, Faviola Alvarez, Carlos Martinez and

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Dionicio Martinez were previously dismissed as plaintiffs in this case;
WHEREAS, Plaintiffs Marcelo Altamirano and Jackey Wilson II are the only

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individuals who remain as named plaintiffs in the case (collectively referred to as “Plaintiffs”);
WHEREAS, Plaintiffs previously sought, but did not obtain conditional certification

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of a nationwide class of employees in this case;
WHEREAS, Plaintiffs have decided to cease pursuit, either on a class or individual

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basis, of their claims against Defendants; and
WHEREAS, the Parties have agreed that Plaintiffs’ claims should be dismissed with

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prejudice against Defendants;

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JOINT STIP. AND [PROPOSED] ORDER
TO DISMISS WITH PREJUDICE

Case No. 3:08-CV-04592-SC [MEJ]

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THEREFORE, the Parties hereby stipulate, and respectfully request the Court to

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order, pursuant to Rule 41 of the Federal Rules of Civil Procedure, that Plaintiffs’ Amended

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Complaint be dismissed in its entirety with prejudice and that a dismissal with prejudice of this

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matter be entered as to all Defendants.

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IT IS SO STIPULATED.

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Dated: May 26, 2011

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V 3HWHU $ 0XKLF

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PETER A. MUHIC
KESSLER TOPAZ MELTZER &
CHECK,LLP1
Attorneys for Plaintiffs

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Dated: May 26, 2011

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V 0LFKHOOH 5 %DUUHWW

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MICHELLE R. BARRETT
LITTLER MENDELSON, P.C.
Attorney for Defendants

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[PROPOSED] ORDER

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that Plaintiffs’ Amended Complaint be dismissed with prejudice in its entirety, that a dismissal with
prejudice be entered as to all Defendants, and except as provided by agreement, each side to bear its
own costs and fees.

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UNIT
ED

S

IT IS SO ORDERED.

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5/26/11
Dated: ______________________

NO

____________________________________
HON. SAMUEL Samuel Conti
CONTI
ge
United StatesJud
District Court Judge
RT

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ERED

O ORD

IT IS S

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ISTRIC
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Pursuant to stipulation and Federal Rule of Civil Procedure 41, it is hereby ordered

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F
D IS T IC T O
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Kessler Topaz Meltzer & Check, LLP was previously known as Barroway Topaz Kessler Meltzer
& Check, LLP.

JOINT STIP. AND [PROPOSED] ORDER
TO DISMISS WITH PREJUDICE

2.

Case No. 3:08-CV-04592-SC [MEJ]

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ATTESTATION OF CONCURRENCE
Pursuant to the Court’s General Order 45, Section 10(B), I hereby attest that concurrence in
the filing of this document has been obtained from each of the other signatories.

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I declare under penalty of perjury under the laws of the United States of America that the

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foregoing declaration is true and correct to the best of my personal knowledge. Executed this 26th

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day of May 2011, in San Francisco, California.

V 0LFKHOOH 5 %DUUHWW

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MICHELLE R. BARRETT

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B

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Firmwide:101938990.1 023404.1063

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JOINT STIP. AND [PROPOSED] ORDER
TO DISMISS WITH PREJUDICE

Case No. 3:08-CV-04592-SC [MEJ]