Saechao v. Landry's, Inc., et al

Filing 53

ORDER ON AMENDED STIPULATION OF DISMISSAL OF LANDRY'S INC., WITHOUT PREJUDICE by Hon. William Alsup granting 52 Stipulation.(whalc1, COURT STAFF) (Filed on 9/29/2015)

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DAVIS WRIGHT TREMAINE LLP

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CARI A. COHORN (State Bar No. 249056)
[e-mail]
COHORN LAW
101 California Street, Suite 2710
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
MOUANG SAECHAO
JANET L. GRUMER (State Bar No. 232723)
[e-mail]
DAVIS WRIGHT TREMAINE LLP
865 South Figueroa Street, 24th Floor
Los Angeles, California 90017-2566
Telephone:
[phone]
Facsimile:
[phone]
TRACY THOMPSON (State Bar No. 88173)
[e-mail]
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
LANDRY’S, INC., and McCORMICK & SCHMICK
RESTAURANT CORP.

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IN THE UNITED STATES DISTRICT COURT

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THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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MOUANG SAECHAO, individually and on
behalf of all others similarly situated,

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Plaintiff,
vs.
LANDRY’S, INC., a Delaware corporation,
and McCORMICK & SCHMICK
RESTAURANT CORP,

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Defendants.

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Case No. 3:15-cv-00815-WHA
[Assigned to the Honorable William H. Alsup]
AMENDED STIPULATION OF
DISMISSAL OF LANDRY’S, INC.
WITHOUT PREJUDICE;
[PROPOSED] ORDER THEREOF

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AMENDED STIPULATION OF DISMISSAL OF LANDRY’S, INC. WITHOUT PREJUDICE; [PROPOSED]
ORDER THEREOF
Case No. 3:15-cv-00815-WHA
DWT 27162962v3 0058864-000022

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WHEREAS, the parties to this action dispute whether defendant Landry’s, Inc. employed

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plaintiff and/or whether Landry’s, Inc., is properly before this Court but wish to avoid expending

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the time and resources of the Court or of the parties litigating ancillary issues,

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AND WHEREAS, a Stipulation of Dismissal of Landry’s, Inc. without Prejudice [Dkt. #

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51] was filed in error and is hereby withdrawn. This Amended Stipulation of Dismissal of

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Landry’s, Inc. without Prejudice shall supersede the previously filed Stipulation of Dismissal of

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Landry’s, Inc. Without Prejudice [Dkt. # 51].
IT IS HEREBY STIPULATED by and between plaintiff Mouang Saechao, on the one

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hand, and defendants on the other hand, through their respective counsel of record, that in the event

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DAVIS WRIGHT TREMAINE LLP

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McCormick & Schmick is found liable to Plaintiff for damages as a result of the above-entitled

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action and does not satisfy the judgment entered against it within fourteen days of demand,

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Landry’s shall assume that liability as judgment debtor in the place of McCormick & Schmick.

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IT IS FURTHER STIPULATED that this entire action shall be and hereby is dismissed

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against Landry’s, Inc. pursuant to Federal Rule of Civil Procedure 41(a). Such dismissal shall be

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without prejudice, with each party to bear her or its own attorneys’ fees and costs.

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Pursuant to Civil Local Rule 5-1(i)(3) of the United States District Court for the Northern

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District of California, Tracy Thompson, counsel for defendants Landry’s, Inc., and McCormick &

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Schmick Restaurant Corp., attests that she has obtained concurrence in the filing of this document

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from Ms. Cari Cohorn, counsel for Plaintiff, on September 28, 2015.

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[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

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AMENDED STIPULATION OF DISMISSAL OF LANDRY’S, INC. WITHOUT PREJUDICE; [PROPOSED]
ORDER THEREOF
Case No. 3:15-cv-00815-WHA
DWT 27162962v3 0058864-000022

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IT IS SO STIPULATED.
DATED: September 28, 2015

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COHORN LAW
By:

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DATED: September 28, 2015

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DAVIS WRIGHT TREMAINE LLP
By

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/s/ Cari A. Cohorn
Cari A. Cohorn
Attorneys for Plaintiff
MOUANG SAECHAO

/s/ Tracy Thompson
Tracy Thompson
Attorneys for Defendants
LANDRY’S, INC., and McCORMICK &
SCHMICK RESTAURANT CORP.

DAVIS WRIGHT TREMAINE LLP

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PURSUANT TO STIPULATION OF THE PARTIES, IT IS SO ORDERED.

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DATED: ________________________ _____________________________________
September 29, 2015.
The Honorable William H. Alsup
United States District Judge

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AMENDED STIPULATION OF DISMISSAL OF LANDRY’S, INC. WITHOUT PREJUDICE; [PROPOSED]
ORDER THEREOF
Case No. 3:15-cv-00815-WHA
DWT 27162962v3 0058864-000022