Sagastume v. Del Monte Fresh Produce (West Coast), Inc. et al

Filing 37

ORDER DISMISSING CASE. Signed by Judge Vince Chhabria on 7/28/2016. (knm, COURT STAFF) (Filed on 7/28/2016)

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CARY KLETTER
SALLY TRUNG NGUYEN
KLETTER + NGUYEN LAW LLP
1900 S. Norfolk Street, Suite 350
San Mateo, CA 94403
T: 415.434.3400
E: [e-mail]
E: [e-mail]
Attorneys for PLAINTIFF
RONIS SAGASTUME

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RONIS SAGASTUME,

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Civ. Case No. 15-CV-04350-VC

Plaintiff,

REQUEST FOR DISMISSAL

v.

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DEL MONTE FRESH PRODUCE (WEST
COAST), INC.; DEL MONTE FRESH
PRODUCE, N.A., INC.; TRICONT
TRUCKING COMPANY; and DOES 1
THROUGH 20, inclusive,
Defendants.

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Plaintiff Ronis Sagastume (“Plaintiff”) respectfully requests this Court dismiss the

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above-captioned action, with each side to bear his/its own fees and costs, pursuant to the

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Federal Rules of Civil Procedure (“FRCP”) Rule 41(a)(2). Plaintiff’s First, Second, Third,

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Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Fourteenth and Fifteenth

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causes of action in the Second Amended Complaint shall be dismissed with prejudice as to all

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parties. Plaintiff’s Thirteenth cause of action alleging violation of the Labor Code Private
REQUEST FOR DISMISSAL

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Attorneys General Act of 2004 (“PAGA”) shall be dismissed with prejudice as to Plaintiff on

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his own behalf, and without prejudice as to the claim brought on behalf of others.

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Dated: July 26, 2016

KLETTER + NGUYEN LAW LLP

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By: _____/S/
Cary Kletter
Sally Trung Nguyen
Attorneys for PLAINTIFF
MIRIAM ANDRADE

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_____

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[PROPOSED] ORDER

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Based upon Plaintiff’s request for dismissal with prejudice of the above-captioned
action, IT IS HEREBY ORDERED AS FOLLOWS:
1. Pursuant to FRCP 41(a)(2), this action is dismissed as to all parties with prejudice as to
the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh,
Twelfth, Fourteenth and Fifteenth causes of action in the Second Amended Complaint;

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2. Pursuant to FRCP 41(a)(2), this action is dismissed without prejudice as to the

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Thirteenth cause of action alleging PAGA violations as to others and with prejudice as

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to Plaintiff individually;

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3. Each of the parties is to bear his/its own attorney’s fees and costs; and
4. The Court retains jurisdiction over the parties to enforce the terms of any Settlement

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Agreement.
IT IS SO ORDERED.
July 28, 2016
Dated: _______________
HONORABLE VINCE CHHABRIA
UNITED STATES DISTRICT COURT JUDGE

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REQUEST FOR DISMISSAL

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