Shehan v. Chritopher Chen, M.D., Inc et al
Filing
40
ORDER GRANTING JOINT MOTION FOR COURT APPROVAL OF SETTLEMENT AND DISMISSAL OF ACTION WITH PREJUDICE. Signed by Judge Maxine M. Chesney on October 18, 2010. (mmclc1, COURT STAFF) (Filed on 10/18/2010)
Shehan v. Chritopher Chen, M.D., Inc et al
Doc. 40
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Tod C. Gurney, SBC No. 199813 Denise E. Chambliss, SBC No. 188390 GARCIA & GURNEY, ALC 6160 Stoneridge Mall Road, Suite 210 Pleasanton, CA 94588 Telephone: 925.468.0400 Facsimile: 925.468.0276 tgurney@garciagurney.com Attorneys for Plaintiff and Counterdefendant KRISTI SHEHAN Christopher E. Cobey, SBC No. 060821 Michael Harvey, SBC No. 267684 LITTLER MENDELSON A Professional Corporation 50 W. San Fernando, 15th Floor San Jose, CA 95113.2303 Telephone: 408.795.3425 Facsimile: 408.790.0564 ccobey@littler.com Attorneys for Defendants and Counterclaimants CHRISTOPHER CHEN, M.D., INC., AND CHRISTOPHER CHEN, M.D. William D. McHugh, SBC No. 62085 Cammie W. Chen, SBC No. 127376 LAW OFFICES OF McHUGH & CHEN 75 E. Santa Clara Street, Suite 1400 San Jose, CA 95113 Telephone: 408.286.2700 Facsimile: 408.282.7088Attorneys for Defendant CACIE MULARCHUK UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA KRISTI SHEHAN, Plaint iff, v. CHRISTOPHER CHEN, M.D., INC., a California Corporation; CHRISTOPHER CHEN, M.D., an individual; CACIE MULARCHUK, an individual, and DOES 1-25, Defendants. Case No. C09-05546 MMC ADR [PROPOSED] ORDER GRANTING JOINT MOTION FOR COURT APPROVAL OF SETTLEMENT AND DISMISSAL OF ACTION WITH PREJUDICE Date: November 19, 2010 Time: 9:00 a.m. Courtroom 7 Judge: Hon. Maxine M. Chesney Complaint filed: November 23, 2009 Trial date: April 11, 2011 AND RELATED COUNTERCLAIMS [PROPOSED] ORDER GRANTING JOINT MOTION FOR COURT APPROVAL OF SETTLEMENT AND
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The Court has reviewed the pleadings in this case, considered the applicable case law, and read the parties' Confidential Settlement and Mutual Release of All Claims (hereinafter referred to as the "Settlement Agreement"). It is ORDERED: 1. This case involves a dispute between Plaintiff and Counterdefendant Kristi Shehan
("Shehan") and Defendants and Counterclaimants Cacie Mularchuk, dba "Cacie@Management" ("Mularchuk"); Christopher Chen, M.D. ("Chen"); and Christopher Chen, M.D., Inc. ("Employer") (collectively, "Defendants"), concerning Shehan's employment with Defendants, the termination of her employment, and certain events allegedly occurring during and after Shehan's employment. Accordingly, Shehan asserts a cause of action under the Fair Labor Relations Act of 1938 (FLSA), 29 U.S.C. § 201 et seq, seeking recovery for unpaid overtime. Defendants have filed a counterclaim concerning the same matters. All parties dispute the claims made against them. 2. The parties wish to amicably settle their differences. Therefore, Shehan and the
Defendants have approved and executed the Settlement Agreement. The parties have filed the Settlement Agreement concurrently with the Joint Motion for Court Approval of Settlement and to the Joint Motion Dismissal of All Claims with Prejudice, and it is attached hereto as Exhibit 1. 3. The Court has read the Settlement Agreement in its entirety, and finds that the
Settlement Agreement is fair and reasonable. The Court recognizes that the Settlement Agreement represents the culmination approximately one year of litigation in which the parties had bona fide disagreements over the merits of Shehan's claims and the Defendants' counter-claims. Although the parties continue to disagree on the merits of these claims and counter-claims, the Court is satisfied that the Settlement Agreement demonstrates an intention by the parties that Shehan's claims and Defendants' counter-claims for liability and damages be fully and finally resolved, and not relit igated in whole or in part at any point in the future. 4. The content of the Settlement Agreement is expressly adopted and incorporated by
reference in this [Proposed] Order Granting Joint Motion for Court Approval of Settlement and Dismissal of Action with Prejudice. /// /// [PROPOSED] ORDER GRANTING JOINT MOTION FOR COURT APPROVAL OF SETTLEMENT AND
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Case No. C09-05546 MMC ADR
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IT IS ORDERED THAT THIS ACTION BE, AND HEREBY IS, DISMISSED
WITH PREJUDICE as to all claims, counterclaims, causes of action, and parties, with each party bearing that party's own attorney's fees and costs. As a condition of dismissal, and as provided by Section 664.6 of the California Code of Civil Procedure and other applicable state and federal law, the Court shall retain jurisdiction to supervise and enforce the terms of the settlement.
October 18, Dated: ___________ 2010
______________________________________ THE HONORABLE MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE
[PROPOSED] ORDER GRANTING JOINT MOTION FOR COURT APPROVAL OF SETTLEMENT AND
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Case No. C09-05546 MMC ADR
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