Tsang et al v. Office Depot, Inc.

Filing 93

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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1 2 3 4 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 5 6 7 8 9 10 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 11 12 13 14 15 16 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. 17 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 18 19 20 21 22 23 24 25 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. 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER REGARDING DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS 12-CV-427 CRB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 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. 22 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER REGARDING DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS 12-CV-06263 CRB 1 1 Dated: December 17, 2014 KLETTER LAW FIRM LLP CARY KLETTER SALLY TRUNG NGUYEN 2 3 By: /s/ Cary Kletter Cary Kletter 4 5 Attorneys for Plaintiff CHARLES COLEMAN 6 7 Dated: December 17, 2014 MORGAN, LEWIS & BOCKIUS LLP BARBARA J. MILLER JENNIFER L. BRADFORD 8 By: /s/ Jennifer L. Bradford Jennifer L. Bradford 9 10 Attorneys for Defendant OFFICE DEPOT, INC. 11 12 ORDER 13 14 Pursuant to the stipulation of the parties, and for good cause shown, IT IS HEREBY 15 ORDERED that CHARLES COLEMAN’s Cause of Action 4 (CA Labor Code sections 204 and 16 210), Cause of Action 6 (CA Labor Code section 558), Cause of Action 8 (Breach of Contract), 17 and Cause of Action 13 (Breach of the Covenant of Good Faith) but not Cause of Action 14 18 (Liquidated Damages) are dismissed, Defendant OFFFICE DEPOT, INC.’s Motion for Judgment 19 on the Pleadings is hereby taken off calendar, no other causes of action pending in this action are 20 affected by this order and each side shall bear its own fees and costs with regard to the dismissed 21 claims. S UNIT ED 24 25 harle Judge C 28 A H ER LI RT 27 N F D IS T IC T O R JOINT STIPULATION AND [PROPOSED] ORDER REGARDING DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS 12-CV-06263 CRB 2 yer s R. Bre NO 26 R NIA ______________________________ ERED O ORD The Honorable Charles R. Breyer IT IS S United States District Court Judge Date: December 18, 2014 FO 23 IT IS SO ORDERED. RT U O 22 S DISTRICT TE C TA C

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