Mendoza v. Fonseca McElroy Grinding Co. Inc. et al

Filing 53

ORDER AND FINAL JUDGMENT. Signed by Judge William H. Orrick on 01/12/2017. (jmdS, COURT STAFF) (Filed on 1/12/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LEOPOLDO PENA MENDOZA, ELVIZ
SANCHEZ AND JOSE ARMANDO
CORTES,

) Case Number: 15-CV-05143-WHO
)
) ORDER AND FINAL JUDGMENT
)
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Plaintiff,
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) HON. WILLIAM H. ORRICK
v.
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FONSECA McELROY GRINDING CO. INC. )
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and GRANITE ROCK COMPANY;
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Defendants.
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.
ORDER AND FINAL JUDGMENT

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Based on the stipulation and good cause found, the Court hereby Orders Adjudicates and
Decrees as Follows:
Count Three of the First Amended Complaint is Dismissed with Prejudice as to all
Defendants;
As to Counts One, Two and Three, the parties have reached a resolution as to all claims other
than those encompassed by this Court’s November 28, 2016 Order Granting Partial Summary
Judgment, in favor of Defendant Granite Rock Company on Plaintiffs’ prevailing wage claims
that lowbed transportation work hours are public work subject to California prevailing wage
requirements pursuant to California Labor Code section 1720 et seq..
As a result, let a Judgment be entered on behalf of Defendant GRANITE ROCK COMPANY
as against Plaintiffs LEOPOLDO PENA MENDOZA, ELVIZ SANCHEZ and JOSE
{30234-11 00399837.DOCX 1 }

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ARMANDO CORTES on Counts One, Two and Three of the First Amended Complaint as the

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Court has found that prevailing wages are not owed for what is termed “lowbed mobilization”

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and the parties have resolved all other disputes that fall outside the Court’s November 28, 2016

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Order Granting Partial Summary Judgment.

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IT IS SO ORDERED, ADJUDICATED AND DECREED.

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Dated: January 12, 2017

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WILLIAM H. ORRICK

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UNITED STATES DISTRICT COURT JUDGE

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{30234-11 00399837.DOCX 1 }