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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ROBERT S. BOULTER (SBN 153549)
[e-mail]
1101 Fifth Avenue, Suite 310
San Rafael, California 94901-1828
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiffs

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CHERYL D. ORR (SBN 143196)
[e-mail]
S. FEY EPLING (SBN 190025)
[e-mail]
AYSE KUZUCUOGLU (SBN 251114)
[e-mail]
DRINKER BIDDLE & REATH LLP
50 Fremont Street, 20th Floor
San Francisco, CA 94105-2235
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA - OAKLAND DIVISION
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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

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STIPULATION FOR DISMISSAL 3:11-CV-05155-JSC

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STIPULATION OF VOLUNTARY DISMISSAL

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PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii)

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IT IS HEREBY STIPULATED AND AGREED by and between the parties and/or their

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respective counsel(s) that, pursuant to the Federal Rules of Civil Procedure 41(a)(1)(A)(ii) and a

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written agreement between the parties:

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1. Plaintiffs' individual claims against Defendants are dismissed with prejudice.

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2. All class claims are dismissed without prejudice.

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3. The Plaintiff will promptly give notice to putative class members via first class mail at

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their last known addresses as reflected in Defendants’ records in the form of letter

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attached hereto as Exhibit A.

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4. The Court will retain jurisdiction to enforce the parties’ settlement agreement.

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LAW OFFICES OF ROBERT S. BOULTER

DRINKER BIDDLE & REATH LLP

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/s/ Robert S. Boulter

/s/ Cheryl Orr

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Attorneys for Plaintiffs

CherylOrr,
Attorneys for Defendants

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ATTESTATION REORDER
ELECTRONIC SIGNATURES

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Pursuant to General Order 45.X.B., I attest that concurrence in the filing of the document

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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

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document.

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Dated: January 4, 2013

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Dated: January 7, 2013

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s/ Robert S. Boulter

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By:
RDERE
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to "basis."

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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: [phone]
FACSIMILE: [phone]
WEB SITE: WWW.BOULTER-LAW

Direct Dial:

[phone], Ext. 101
[e-mail]

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
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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