Lemus v. H&R Block Tax and Business Services, Inc. et al

Filing 44

ORDER dismissing 3rd claim and striking portions of amended complaint (tf, COURT STAFF) (Filed on 8/5/2010)

Lemus v. H&R Block Tax and Business Services, Inc. et al

Doc. 44

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SEYFARTH SHAW LLP Andrew M. Paley (SBN 149699) [e-mail] Sheryl L. Skibbe (SBN 199441) [e-mail] 2029 Century Park East, Suite 3500 Los Angeles, California 90067 Telephone: [phone] Facsimile: [phone] Andrew M. McNaught (SBN 209093) [e-mail] Ashley E. Choren (SBN 260337) [e-mail] 560 Mission S treet, S uite 3100 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants H&R Block Enterprises LLC (fka H&R Block Enterprises, Inc.) UNITED STATES DISTRICT COURT

11 IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Stipulated Dismissal of Plaintiff's Third Claim and Striking Of Portions of Third Amended Complaint, and [Proposed] Order Regarding Same/Case No. CV-09-03179 SI
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ARABELLA LEMUS, an individual and on behalf of all others similarly situated,

) ) ) Plaintiff, ) ) v. ) ) H&R BLOCK TAX AND BUSINESS ) SERVICES, INC., a Delaware corporation; ) H&R BLOCK ENTERPRISES, INC., a ) Missouri corporation; H&R BLOCK TAX ) SERVICES, INC., a Missouri corporation; ) H&R BLOCK SERVICES, INC., a Missouri ) corporation; and DOES 1 through 50, inclusive, ) ) Defendants. ) ) )

Case No. CV-09-03179 SI The Honorable Susan Illston STIPULATED DISMISSAL OF PLAINTIFF'S THIRD CLAIM AND STRIKING OF PORTIONS OF THIRD AMENDED COMPLAINT; [PROPOSED] ORDER REGARDING SAME

Complaint Filed: June 9, 2009 FAC Filed: July 8, 2009 SAC Filed: October 8, 2009 TAC Filed: June 3, 2010

IT IS HEREBY STIPULATED BY THE PARTIES that Plaintiffs' Third Claim for violations of Labor Code section 2802 is dismissed without prejudice, and that paragraph 2(f), paragraph 22, and paragraph 59, line 17, of Plaintiff's Third Amended Complaint are stricken, also without prejudice.

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NOW, THEREFORE, THE PARTIES HERETO STIPULATE AND RESPECTFULLY REQUEST THAT THE COURT ORDER AS FOLLOWS: Pursuant to the Parties' stipulation, Plaintiffs' Third Claim is hereby DISMISSED without prejudice. Further, paragraph 22, and paragraph 59, line 17, of Plaintiff's Third Amended Complaint are STRICKEN without prejudice.

DATED: August 4, 2010

SEYFARTH SHAW LLP

By: /s/ Andrew M. McNaught Andrew M. McNaught Attorneys for Defendant H&R BLOCK ENTERPRISES LLC DATED: August 4, 2010 MARLIN & SALTZMAN

By: /s/ Louis Marlin Louis Marlin Attorneys for Plaintiffs ARABELLA LEMUS MALVIN A. AYALA

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: __________________ HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE

2 Stipulated Dismissal of Plaintiff's Third Claim and Striking Of Portions of Third Amended Complaint, and [Proposed] Order Regarding Same/Case No. CV-09-03179 SI