Enriquez et al v. Interstate Group, LLC et al

Filing 64

STIPULATION AND ORDER re 63 Notice of Voluntary Dismissal filed by Quinn Colmenero, Jose Enriquez. Signed by Judge Jacqueline Scott Corley on January 7, 2013. (wsn, COURT STAFF) (Filed on 1/7/2013)

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1 2 3 4 5 ROBERT S. BOULTER (SBN 153549) rsb@boulter-law.com 1101 Fifth Avenue, Suite 310 San Rafael, California 94901-1828 Telephone: (415) 460-0100 Facsimile: (415) 460-1099 Attorney for Plaintiffs 10 CHERYL D. ORR (SBN 143196) cheryl.orr@dbr.com S. FEY EPLING (SBN 190025) fey.epling@dbr.com AYSE KUZUCUOGLU (SBN 251114) ayse.kuzucuoglu@dbr.com DRINKER BIDDLE & REATH LLP 50 Fremont Street, 20th Floor San Francisco, CA 94105-2235 Telephone: (415) 591-7500 Facsimile: (415) 591-7510 11 Attorneys for Defendants 6 7 8 9 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA - OAKLAND DIVISION 14 15 16 17 18 19 20 21 22 23 24 JOSE ENRIQUEZ and QUINN ) COLMENERO, individuals, on behalf of the ) themselves and those similarly situated; ) ) ) Plaintiffs, ) ) v. ) ) INTERSTATE GROUP, LLC, an Illinois ) limited liability company; SHAWN ) LUTEYN, an individual; and DOES 1 to 50; ) ) Defendants. ) ) ) ) ________________________________________ ) Case No. Case 3:11-cv-05155-JSC (Hon. Jacqueline Scott Corley) STIPULATION FOR DISMISSAL OF CLASS CLAIMS WITHOUT PREJUDICE AND INDIVIDUAL CLAIMS WITH PREJUDICE Complaint Filed: October 20, 2011 Discovery Cutoff: None Set Motion Cutoff: None Set Trial Date: None Set 25 26 27 28 1 STIPULATION FOR DISMISSAL 3:11-CV-05155-JSC 1 STIPULATION OF VOLUNTARY DISMISSAL 2 PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii) 3 4 IT IS HEREBY STIPULATED AND AGREED by and between the parties and/or their 5 respective counsel(s) that, pursuant to the Federal Rules of Civil Procedure 41(a)(1)(A)(ii) and a 6 written agreement between the parties: 7 1. Plaintiffs' individual claims against Defendants are dismissed with prejudice. 8 2. All class claims are dismissed without prejudice. 9 3. The Plaintiff will promptly give notice to putative class members via first class mail at 10 their last known addresses as reflected in Defendants’ records in the form of letter 11 attached hereto as Exhibit A. 12 4. The Court will retain jurisdiction to enforce the parties’ settlement agreement. 13 14 LAW OFFICES OF ROBERT S. BOULTER DRINKER BIDDLE & REATH LLP 15 /s/ Robert S. Boulter /s/ Cheryl Orr 16 Attorneys for Plaintiffs CherylOrr, Attorneys for Defendants 17 18 19 ATTESTATION REORDER ELECTRONIC SIGNATURES 20 Pursuant to General Order 45.X.B., I attest that concurrence in the filing of the document 21 has been obtained from the other the third line of shall serve in lieu of of Exhibit A on changed Granted, provided that "is" in signatory, which the first paragraph his signature is the 22 document. 23 Dated: January 4, 2013 24 Dated: January 7, 2013 S ER R NIA ott Cor ley A H 28 eline Sc FO c qu Judge Ja LI UNIT ED RT 27 s/ Robert S. Boulter D By: RDERE IS SO O FIRobert S. Boulter IT ED DI Attorneys for Plaintiffs AS MO NO 26 S DISTRICT TE C TA RT U O 25 to "basis." N F D IS T IC T O R C 2 STIPULATION FOR DISMISSAL 3:11-CV-05155-JSC EXHIBIT A LAW OFFICES OF ROBERT S. BOULTER 1101 FIFTH AVENUE, Suite 310 SAN RAFAEL, CA 94901-1828 TELEPHONE: (415) 233-7100 FACSIMILE: (415) 233-7101 WEB SITE: WWW.BOULTER-LAW Direct Dial: (415) 233-7100, Ext. 101 rsb@boulter-law.com IN RE FILE NO: 8085.1 December 20, 2012 PERSONAL AND CONFIDENTIAL Re: Class Action Lawsuit, Enriquez and Colmenero v Interstate Group, LLC, et al United States District Court Case No. 4:11-cv-05155-JSC Dear Sir or Madam: This law office represents former TrailersPlus employees Jose Enriquez and Quinn Colmenero in a suit that was filed as a proposed class action suit against Interstate Group. The case has been resolved on an individual is as to Mr. Enriquez and Mr. Colmenero and will not be basis prosecuted as a class-action. This letter is to notify you that any claims that you might have had as part of the classaction will not be pursued because the case is being dismissed. As a consequence, if you have any complaints regarding your employment with Interstate, you will need to take your own steps to remedy such complaints. Such steps might include communicating with Interstate regarding your complaints, or contacting the California Department of Labor Standards Enforcement (the “DLSE”), regarding your complaints, or filing a claim with DLSE. The most important point of this letter is to notify you that any rights you might have against Interstate will not be advanced in the above noted lawsuit because it is being dismissed. Very truly yours, Robert S. Boulter cc: Q. Colmenero and J. Enriquez

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