Lopez v. Bank of America, N.A.

Filing 11

ORDER DISMISSING LABOR CODE SECTION 226.7 AND GRANTING LEAVE TO AMEND re 10 Stipulation filed by Rene Pompa, Albert Lopez. Signed by Judge James Larson on 5/7/10. (jlsec, COURT STAFF) (Filed on 5/7/2010)

Case3:10-cv-01207-JL Document10-1

Filed05/06/10 Page1 of 3

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 -1v. BANK OF AMERICA, N.A. , a national association, and DOES 1 through 100, inclusive, Defendants. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ALBERT LOPEZ, as an individual and RENE POMPA, as an individual, both on behalf of others similarly situated, Plaintiff, CASE NO.: CV 10-01207 JL (Assigned to the Hon. James Larson, Ctrm. F) [PROPOSED] ORDER DISMISSING LABOR CODE § 226.7 CLAIM FOR REST BREAK VIOLATIONS WITHOUT PREJUDICE AND GRANTING LEAVE TO AMEND

[PROPOSED] ORDER DISMISSING LABOR CODE § 226.7 CLAIM FOR REST BREAK VIOLATIONS WITHOUT PREJUDICE AND GRANTING LEAVE TO AMEND (C 10-01207 JL)

Case3:10-cv-01207-JL Document10-1

Filed05/06/10 Page2 of 3

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 IT IS SO ORDERED. May 7, 2010 Dated: _________________

[PROPOSED] ORDER This matter is before the Court on the Stipulation To Dismiss Labor Code § 226.7 Claim For Rest Break Violations Without Prejudice And For Leave To Amend ("Stipulation"). The Court, having considered the Stipulation, now finds that the Stipulation should be granted. PURSUANT TO STIPULATION, IT IS SO ORDERED as follows: 1. Plaintiffs Albert Lopez's and Renee Pompa's ("Plaintiffs") Labor Code § 226.7

Claim For Rest Break Violations is hereby dismissed without prejudice. No notice shall be sent to the putative class of this dismissal. 2. Plaintiffs and Defendants Bank of America, N.A., Bank of America

Corporation, and Banc of America Investment Services, Inc.'s ("Defendants") shall bear their own costs and attorneys' fees in connection with the dismissal of the Labor Code § 226.7 Claim For Rest Break Violations. 3. Plaintiffs are granted leave to file the Third Amended Complaint, attached as

Exhibit A to the Stipulation, which shall be filed and served within five (5) days after this Order. 4. The Answer of Defendant Bank of America, N.A. to Plaintiffs' First Amended

Complaint, filed in the Superior Court for the County of Alameda on March 19, 2008, and made a part of this Court's record through Defendant Bank of America Corporation's Notice of Removal, filed on March 23, 2010, shall be deemed to be the Answer of Defendants to Plaintiffs' Second Amended Complaint, and it will not be necessary for Defendants to file an Answer to the Third Amended Complaint.

____________________________________ Honorable James Larson United States Magistrate Judge

[PROPOSED] ORDER DISMISSING LABOR CODE § 226.7 CLAIM FOR REST BREAK VIOLATIONS WITHOUT PREJUDICE AND GRANTING LEAVE TO AMEND (C 10-01207 JL)

-2-

Case3:10-cv-01207-JL Document10-1

Filed05/06/10 Page3 of 3

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

Respectfully submitted:

DATED: May 6, 2010

LAW OFFICES OF KENNETH H. YOON

/s/ Kenneth H. Yoon Attorney for Plaintiffs ALBERT LOPEZ AND RENE POMPA DATED: May 6, 2010 PAUL, HASTINGS, JANOFSKY & WALKER LLP

By:

By:

/s/ Maria A. Audero Attorney for Defendants BANK OF AMERICA, N.A., BANK OF AMERICA CORPORATION, AND BANC OF AMERICA INVESTMENTS SERVICES, INC.

[PROPOSED] ORDER DISMISSING LABOR CODE § 226.7 CLAIM FOR REST BREAK VIOLATIONS WITHOUT PREJUDICE AND GRANTING LEAVE TO AMEND (C 10-01207 JL)

-3-