Temple v. Guardsmark, LLC

Filing 144

ORDER DISMISSING CASE with prejudice, with each side to bear their own attorneys' fees and costs re 143 (tf, COURT STAFF) (Filed on 3/21/2011) Modified on 3/22/2011 (ys, COURT STAFF).

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Temple v. Guardsmark, LLC Doc. 144 1 2 3 4 5 6 7 8 9 10 11 12 13 MARTIN D. BERN (153203) Martin.Bern@mto.com MALCOLM A. HEINICKE (SBN 194174) Malcolm.Heinicke@mto.com MUNGER, TOLLES & OLSON LLP 560 Mission Street, Twenty-Seventh Floor San Francisco, CA 94105-2907 Telephone: (415) 512-4000 Facsimile: (415) 512-4077 Attorneys for Defendant GUARDSMARK, LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA PHILLIP TEMPLE and JOHNNY MCFARLAND, on behalf of themselves individually, and all others similarly situated, Plaintiffs, CASE NO. CV-09-2124-SI STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE Judge: The Honorable Susan Illston 14 vs. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13408225.1 GUARDSMARK, LLC, and DOES 1 through 100, INCLUSIVE, Defendant(s). STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE CASE CV-09-2124 SI Dockets.Justia.com 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 13408225.1 WHEREAS, the parties have reached an agreement that calls for the dismissal with prejudice of this action, with each side to bear their own attorneys' fees and costs; WHEREAS, the parties agree that the dismissal with prejudice of this action would preclude Plaintiffs from bringing any future claims related to their employment with Defendant, including without limitation any claims under the California Labor Code or the Federal Fair Labor Standards Act; and WHEREAS, the parties wish to secure court approval of this dismissal and its associated effect: NOW, THEREFORE, IT IS HEREBY STIPULATED THAT this action is dismissed in its entirety and with prejudice to the claims of Plaintiffs Temple and McFarland. Munger, Tolles & Olson LLP MARTIN D. BERN MALCOLM A. HEINICKE DATED: March 16, 2011 By: /s/ Malcolm A. Heinicke MALCOLM A. HEINICKE Attorneys for Defendant GUARDSMARK, LLC. Qualls & Workman DANIEL QUALLS DATED: March 16, 2011 By: /s/ Daniel Qualls DANIEL QUALLS Attorney for Plaintiffs PHILLIP TEMPLE and JOHNNY McFARLAND Pursuant to stipulation, IT IS SO ORDERED. This action is hereby dismissed its entirety, and such dismissal shall be with prejudice to the individual claims of Plaintiffs Temple and McFarland. 3/18/11 ____________________________ The Honorable Susan Illston UNITED STATES DISTRICT JUDGE STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE CASE CV-09-2124 SI -1-

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