Tsang et al v. Office Depot, Inc.
Filing
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ORDER granting 92 STIPULATION re Defendant's Motion for Judgment on the Pleadings filed by Charles Coleman. Terminating/Vacating, 75 MOTION for Judgment on the Pleadings of Plaintiff Charles Coleman's Fourth, Sixth, Eighth, Thirteenth and Fourteenth Claims for Relief filed by Office Depot, Inc.. Signed by Judge Charles R. Breyer on 12/18/2014. (beS, COURT STAFF) (Filed on 12/18/2014)
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KLETTER LAW FIRM LLP
Cary Kletter
ckletter@kletterlaw.com
Sally Trung Nguyen
snguyen@kletterlaw.com
1900 S. Norfolk Street, Suite 350
San Mateo, California 94403
Tel: 415.434.3400
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SHEA & MCINTYRE, APC
John McIntyre
jmcintyre@sheamcintyre.com
Kevin Elliot
kelliott@sheamcintyre.com
2166 The Alameda
San Jose, California 95126
Tel: 408.298.661
Attorneys for Plaintiff
CHARLES COLEMAN
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MORGAN, LEWIS & BOCKIUS LLP
Barbara J. Miller
barbara.miller@morganlewis.com
Jennifer L. Bradford
jbradford@morganlewis.com
5 Park Plaza, Suite 1750
Irvine, CA 92614
Tel: 949.399.7000
Attorneys for Defendant
OFFICE DEPOT, INC.
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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CHARLES COLEMAN, KEITH CRAFT,
JORGE “GEORGE” ROMERO, GARY
TSANG, ADRIAN VILCHEZ and MARKISS
YBARRA,
Plaintiff,
Case No. 12 CV 427 CRB
JOINT STIPULATION AND ORDER
REGARDING DEFENDANT’S
MOTION FOR JUDGMENT ON THE
PLEADINGS
vs.
OFFICE DEPOT, INC., and DOES 1
THROUGH 20, inclusive,
Defendants.
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JOINT STIPULATION AND [PROPOSED] ORDER
REGARDING DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS
12-CV-427 CRB
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STIPULATION
Plaintiff CHARLES COLEMAN and Defendant OFFICE DEPOT, INC., by and through
their counsel of record, hereby stipulate as follows:
WHEREAS, Defendant OFFICE DEPOT, INC. filed a Motion for Judgment on the
Pleadings on December 5, 2014;
WHEREAS, this case is set for trial on January 20, 2015;
WHEREAS the parties have agreed that CHARLES COLEMAN will dismiss Cause of
Action 4 (CA Labor Code sections 204 and 210), Cause of Action 6 (CA Labor Code section
558), Cause of Action 8 (Breach of Contract), and Cause of Action 13 (Breach of the Covenant of
Good Faith) but not Cause of Action 14 (Liquidated Damages);
WHEREAS each party shall bear its own attorneys’ fees and costs regarding the causes of
action which are hereby dismissed;
WHEREAS Defendant OFFICE DEPOT, INC. has agreed to withdraw its pending
Motion for Judgment on the Pleadings; and
WHEREAS no other causes of action in this action are affected by this stipulation.
THEREFORE, IT IS HEREBY STIPULATED AND AGREED that CHARLES
COLEMAN’s Cause of Action 4 (CA Labor Code sections 204 and 210), Cause of Action 6 (CA
Labor Code section 558), Cause of Action 8 (Breach of Contract), and Cause of Action 13
(Breach of the Covenant of Good Faith) but not Cause of Action 14 (Liquidated Damages) are
dismissed and Defendant OFFFICE DEPOT, INC.’s Motion for Judgment on the Pleadings is
hereby taken off calendar.
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JOINT STIPULATION AND [PROPOSED] ORDER
REGARDING DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS
12-CV-06263 CRB
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Dated: December 17, 2014
KLETTER LAW FIRM LLP
CARY KLETTER
SALLY TRUNG NGUYEN
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By: /s/ Cary Kletter
Cary Kletter
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Attorneys for Plaintiff
CHARLES COLEMAN
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Dated: December 17, 2014
MORGAN, LEWIS & BOCKIUS LLP
BARBARA J. MILLER
JENNIFER L. BRADFORD
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By: /s/ Jennifer L. Bradford
Jennifer L. Bradford
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Attorneys for Defendant
OFFICE DEPOT, INC.
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ORDER
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Pursuant to the stipulation of the parties, and for good cause shown, IT IS HEREBY
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ORDERED that CHARLES COLEMAN’s Cause of Action 4 (CA Labor Code sections 204 and
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210), Cause of Action 6 (CA Labor Code section 558), Cause of Action 8 (Breach of Contract),
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and Cause of Action 13 (Breach of the Covenant of Good Faith) but not Cause of Action 14
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(Liquidated Damages) are dismissed, Defendant OFFFICE DEPOT, INC.’s Motion for Judgment
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on the Pleadings is hereby taken off calendar, no other causes of action pending in this action are
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affected by this order and each side shall bear its own fees and costs with regard to the dismissed
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claims.
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Judge C
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JOINT STIPULATION AND [PROPOSED] ORDER
REGARDING DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS
12-CV-06263 CRB
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______________________________
ERED
O ORD
The Honorable Charles R. Breyer
IT IS S
United States District Court Judge
Date: December 18, 2014
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IT IS SO ORDERED.
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