Parson et al v. Golden State FC, LLC et al

Filing 43

STIPULATION AND ORDER re 42 STIPULATION WITH [PROPOSED] ORDER TO DISMISS COMPLAINT WITH PREJUDICE and [Proposed] ORDER filed by Golden State FC, LLC, Amazon.com, Inc. Signed by Judge Jon S. Tigar on June 29, 2016. (wsn, COURT STAFF) (Filed on 6/29/2016)

5

CLAYEO C. ARNOLD, (SBN 65070)
JOSHUA H. WATSON, (SBN 238058)
CLAYEO C. ARNOLD
A PROFESSIONAL LAW
CORPORATION
865 Howe Avenue, Sacramento, CA 95825
Tel.: [phone], Fax: [phone]
Email: [e-mail]

6

Attorneys for Plaintiffs

1
2
3
4

7
8
9
10
11
12
13

DAVID R. ONGARO (SBN 154698)
[e-mail]
AMELIA D. WINCHESTER (SBN 257928)
[e-mail]
CARA R. SHERMAN (SBN 269343)
[e-mail]
ONGARO PC
50 California Street, Suite 3325
San Francisco, CA 94111
Tel.: [phone] Fax: [phone]
Attorneys for Defendants
TRUEBLUE, INC. and SMX, LLC

MORGAN, LEWIS & BOCKIUS LLP
ERIC MECKLEY (SBN 168181)
[e-mail]
THERESA MAK (SBN 211435)
[e-mail]
SACHA M. STEENHOEK (SBN 253743)
[e-mail]
One Market, Spear Street Tower, San
Francisco, CA 94105
Tel.: [phone], Fax: [phone]
RICHARD G. ROSENBLATT, admitted PHV
[e-mail]
JOSEPH A. NUCCIO, admitted PHV
[e-mail]
502 Carnegie Center, Princeton, NJ 08540
Tel.: [phone], Fax.: [phone]
Attorneys for Defendants
AMAZON.COM, INC., GOLDEN STATE
FC, LLC

14
15

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

16
17
18
19
20
21
22
23

DAVID PARSON and BRANDON
MITCHELL, individually and on behalf of all
those similarly situated, and MARIAH
GULLAT as an individual,

Case No.: 3:16-cv-00405-JST
STIPULATION TO DISMISS COMPLAINT
WITH PREJUDICE and [Proposed] ORDER

Plaintiffs,
vs.

Judge: Honorable Jon S. Tigar

GOLDEN STATE FC LLC, AMAZON.COM,
INC., TRUEBLUE INC, SMX, and DOES 1
through 25, inclusive,

24
25

Defendants.

26
27

1
STIPULATION TO DISMISS COMPLAINT WITH PREJUDICE AND [Proposed]
ORDER

STIPULATION

1
2
3
4
5
6

Following informal discovery, the parties, by and through their attorneys of record,
hereby stipulate to the following:
WHEREAS, after informal discovery, including Plaintiffs' counsel's visit to the
fulfillment center in which Plaintiffs currently work or formerly worked, Plaintiffs have decided
to withdraw this action.
ACCORDINGLY, IT IS HEREBY STIPULATED AND REQUESTED by and between

7
8
9
10
11
12

the parties in this action that:
1. All of Plaintiffs' claims in this matter be dismissed with prejudice and without costs and
attorneys' fees to any party;
2. Plaintiffs agree not to assert claims in the future that are based on the specific factual
allegations raised in the Complaint and/or First Amended Complaint in this matter; and
3. Notwithstanding the foregoing, Plaintiffs are not precluded from recovering from or

13

participating in other class action cases that are certified as absent class members, but not

14

as named plaintiffs or class representatives. This includes but is not limited to any

15

recovery associated with MDL Docket No. 2504, Master File 3:14-md-2504, Case No.

16

3:14-cv-290-DJH (Saldana et al v Amazon.com et al.)

17

IT IS SO STIPULATED:

18

Dated: June 27, 2016

Dated: June 27, 2016

19

CLAYEO C. ARNOLD, APC

ONGARO, PC

20

By: /s/ Joshua H. Watson
JOSHUA H. WATSON
Attorneys for Plaintiffs David Parson;
Branden Mitchell; Mariah Gullat

By: /s/ David R. Ongaro_______________
DAVID R. ONGARO
CARA R. SHERMAN
Attorneys for Defendants Trueblue, Inc. &
SMX, LLC

Dated: June 27, 2016

MORGAN, LEWIS & BOCKIUS, LLP

21
22
23
24
25
26
27

By: /s/ Theresa Mak
THERESA MAK
Attorneys for Defendants Amazon.com Inc.,
Golden State Fulfillment FC LLC
2
STIPULATION TO DISMISS COMPLAINT WITH PREJUDICE AND [Proposed]
ORDER

1

ORDER

2
3
4
5

Pursuant to and subject to the terms and conditions of the forgoing stipulation, this matter
is hereby DISMISSED WITH PREJUDICE and without costs and attorneys’ fees to any party.
IT IS SO ORDERED.

6
7
8

29
Dated: June __, 2016

___________________________
HONORABLE JON S. TIGAR

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

3
STIPULATION TO DISMISS COMPLAINT WITH PREJUDICE AND [Proposed]
ORDER