Porter et al v. Bauer Transportation Systems, Inc. et al

Filing 37

ORDER GRANTING 36 STIPULATION FOR DISMISSAL. Signed by Judge Jeffrey S. White on 12/3/10. (jjoS, COURT STAFF) (Filed on 12/3/2010)

Porter et al v. Bauer Transportation Systems, Inc. et al

Doc. 37

Case3:10-cv-01074-JSW Document36

Filed12/02/10 Page1 of 3

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650 CALIFORNIA STREET 20TH FLOOR
AN FRANCISCO, CA

William J. Flynn, CA Bar No. 95371 Benjamin K. Lunch, CA State Bar No. 246015 NEYHART, ANDERSON, FLYNN & GROSBOLL 44 Montgomery Street, Suite 2080 San Francisco, CA 94104.6702 Telephone: [phone] Fax No.: 415.677.9445 Email: [e-mail] Attorneys for Plaintiffs ROGER PORTER, MICHAEL KRAFT, and BEN ROSS Robert G. Hulteng, CA Bar No. 071293 [e-mail] Joshua D. Kienitz, CA Bar No. 244903 [e-mail] Ryan E. Abernethy, CA Bar No. 267538 [e-mail] LITTLER MENDELSON, P.C. 650 California Street 20th Floor San Francisco, California 94108.2693 Telephone: [phone] Fax No.: 415.399.8490 Attorneys for Defendants BAUER'S LIMOUSINE SERVICE, INC. and GARY BAUER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ROGER PORTER, MICHAEL KRAFT, and BEN ROSS, on their own behalf and on behalf of all others similarly situated, Plaintiffs , v. BAUER'S LIMOUSINE SERVICE, INC., a California corporation, and GARY BAUER, an individual, Defendants. Case No. 3:10-CV-01074-JSW JOINT STIPULATION AND [PROPOSED] ORDER RE: DISMISSAL WITH PREJUDICE Complaint Filed: March 12, 2010 First Amended Complaint Filed: April 9, 2010 Second Amended Complaint Filed: August 24, 2010

94108.2693

STIPULATION AND [PROPOSED] ORDER RE: DISMISSAL WITH PREJUDICE

(NO. 3:10-CV-01074-JSW)

415.433.1940

Dockets.Justia.com

Case3:10-cv-01074-JSW Document36

Filed12/02/10 Page2 of 3

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650 CALIFORNIA STREET 20TH FLOOR
AN FRANCISCO, CA

The Parties to the above-entitled action jointly submit this Stipulation and [Proposed] Order requesting dismissal with prejudice. The Parties reached a complete settlement of the named Plaintiffs' claims in the above-captioned matter. As part of the informal discovery process leading up to the parties' settlement, Plaintiffs' were provided with, and reviewed, a document issued by the federal Department of Transportation ("DOT"), dated October 9, 2008, which document contained the results of a DOT inspection regarding Bauer's (DOT# 1083917) compliance with federal hours of service regulations requiring the completion of a Record of Duty of Status ("RODS") form.1 The driver of the vehicle in question was, at that time, engaged in performing "corporate" services, as that term is defined in Paragraph 11 of the Second Amended Complaint (Document No. 33) on file in this matter. Plaintiffs (through their undersigned counsel) and Bauer's agree that this DOT investigation demonstrates that, as of October 9, 2008, the DOT had the power to regulate Bauer's corporate drivers' hours of service within the meaning of 29 U.S.C. § 213(b) and Section 3(L)(1) of California Industrial Commission Wage Order 9-2001. Plaintiffs' counsel agree they have received the above-referenced document. Thus, the Parties, through their undersigned counsel, respectfully request that the Court enter this Stipulation as an Order. IT IS SO STIPULATED. Each of the undersigned certify that the content of the foregoing document is acceptable to all persons required to sign the document and authorization to electronically sign this document has been obtained. /// /// /// /// /// /// ///
1

94108.2693

STIPULATION AND [PROPOSED] ORDER RE: DISMISSAL WITH PREJUDICE

These documents were bates-stamped BAUERS000427-432. -2(NO. 3:10-CV-01074-JSW)

415.433.1940

Case3:10-cv-01074-JSW Document36

Filed12/02/10 Page3 of 3

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650 CALIFORNIA STREET 20TH FLOOR
AN FRANCISCO, CA

Dated: November ____, 2010

Respectfully submitted,

/s/ Benjamin K. Lunch WILLIAM J. FLYNN BENJAMIN K. LUNCH Attorneys for Plaintiff ROGER PORTER Dated: November , 2010 Respectfully submitted,

/s/ Joshua D. Kienitz ROBERT A. HULTENG JOSHUA D. KIENITZ RYAN E. ABERNETHY LITTLER MENDELSON P.C. Attorneys for Defendants BAUER'S LIMOUSINE SERVICE, INC. AND GARY BAUER

IT IS HEREBY ORDERED THAT the, pursuant to the parties' Stipulation and settlement, Plaintiffs' claims, as embodied in the Second Amended Complaint in this matter (Document No. 33), are dismissed in their entirety, and with prejudice.

Decem __ _ Dated: _______ber_3 ________, 2010

HONORABLE JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

FIRMWIDE:98765742.1 053752.1006

94108.2693

STIPULATION AND [PROPOSED] ORDER RE: DISMISSAL WITH PREJUDICE

-3-

(NO. 3:10-CV-01074-JSW)

415.433.1940