Ruy v. Piedmont Plastics, Inc. et al

Filing 20

ORDER GRANTING 17 STIPULATION Re: Dismissal of Piedmont Plastics, Inc.. Signed by Judge Jeffrey S. White on 7/6/12. (jjoS, COURT STAFF) (Filed on 7/6/2012)

Case3:12-cv-01465-JSW Document17 Filed07/06/12 Page1 of 3

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Jeremy Pasternak, Esq. (SBN: 181618)
Anthony Oceguera, Esq. (SBN: 259117)
LAW OFFICES OF JEREMY PASTERNAK
445 Bush Street, 6th Floor
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
RICHARD RUY
Douglas E. Dexter (State Bar No. 115868)
[e-mail]
Diego Acevedo (State Bar No. 244693)
Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
PIEDMONT PLASTICS, INC. and
REGAL PIEDMONT PLASTICS, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RICHARD RUY,

)
)
PLAINTIFF,
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V.
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PIEDMONT PLASTICS, INC., a corporation; )
REGAL PIEDMONT PLASTICS, a business )
entity, form unknown and Does 1-20, inclusive, )
)
Defendants.
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)

Case No. C 12-01465 DMR JSW
DRAFT STIPULATION AND
[PROPOSED] ORDER RE: DISMISSAL
OF PIEDMONT PLASTICS, INC.

The parties, Plaintiff RICHARD RUY and Defendants PIEDMONT PLASTICS, INC.
and REGAL PIEDMONT PLASTICS, LLC, through their respective counsel, hereby stipulate as
follows:

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Stipulation and Request for Dismissal of Piedmont Plastics, Inc.

Case No. C 12-01465 DMR

Case3:12-cv-01465-JSW Document17 Filed07/06/12 Page2 of 3

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WHEREAS, Plaintiff has brought this action relating to his former employment against
corporate entities PIEDMONT PLASTICS, and REGAL PIEDMONT PLASTICS; and,

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WHEREAS, PIEDMONT PLASTICS, and REGAL PIEDMONT PLASTICS were each

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named as Defendants in this action based on documents allegedly received by Plaintiff from his

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employer during his employment making reference to said entities; and

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WHEREAS, Defendants PIEDMONT PLASTICS, and REGAL PIEDMONT PLASTICS

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have represented and do represent that REGAL PIEDMONT PLASTICS is the sole true and

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correct identity of the former employer of Plaintiff RICHARD RUY with regards to Plaintiff’s

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claims in this matter; and

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WHEREAS, the parties agree that PIEDMONT PLASTICS, should be dismissed in order
to simplify the pleadings and serve the interests of judicial economy; and,

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WHEREAS, Said dismissal shall be without prejudice,

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WHEREAS, the parties agree that if the Court determines that PIEDMONT PLASTICS,

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should be reintroduced into the case (for example, based on a contention by Plaintiff that

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PIEDMONT PLASTICS is an alter ego or successor-in-interest, which is not conceded by this

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stipulation), such reintroduction shall relate back to the time of the filing of the original

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complaint in this matter for the purposes of the calculation of any applicable statutes of

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limitation;

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THEREFORE, the parties hereby request that Defendant PIEDMONT PLASTICS, INC.
be dismissed from this action.

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DATED: July 6, 2012

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LAW OFFICES OF JEREMY PASTERNAK
By /s/ Anthony Oceguera_______________
JEREMY PASTERNAK
ANTHONY OCEGUERA
Attorneys For Plaintiff
RICHARD RUY

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-2Stipulation and Request for Dismissal of Piedmont Plastics, Inc.

Case No. C 12-01465 DMR

Case3:12-cv-01465-JSW Document17 Filed07/06/12 Page3 of 3

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DATED: July 6, 2012

Farella Braun + Martel LLP

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By /s/ Diego Acevedo_______________
DIEGO ACEVEDO
Attorneys for Defendants
PIEDMONT PLASTICS, INC. and
REGAL PIEDMONT PLASTICS, LLC

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PURSUANT TO STIPULATION, IT IS ORDERED THAT PIEDMONT PLASTICS, INC., IS
HEREBY DISMISSED WITHOUT PREJUDICE FROM THIS ACTION.

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DATED:

July 6, 2012
_________________

___________________________________
Hon. Donna M. Ryu Jeffrey S. White
United States District Judge

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-3Stipulation and Request for Dismissal of Piedmont Plastics, Inc.

Case No. C 12-01465 DMR