Barnes v. Energy Recovery, Inc. et al
Filing
127
STIPULATION AND ORDER re 126 STIPULATION WITH PROPOSED ORDER for dismissal filed by David Barnes. Signed by Judge Edward M. Chen on 10/17/16. (bpfS, COURT STAFF) (Filed on 10/17/2016)
1
2
3
4
5
6
CHRIS BAKER, State Bar No. 181557
cbaker@bakerlp.com
BAKER & SCHWARTZ, P.C.
44 Montgomery Street, Suite 3520
San Francisco, CA 94104
Telephone: (415) 433-1064
Fax: (415) 520-0446
Attorneys for Plaintiff
DAVID BARNES
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
11
12
13
14
15
16
Case No. 16-cv-00477-EMC
DAVID BARNES
Plaintiff,
vs.
STIPULATION, SETTLEMENT AND
[PROPOSED] ORDER FOR
DISMISSAL
ENERGY RECOVERY, INC., a Delaware
Corporation; THOMAS ROONEY, an individual;
and JOEL GAY, an individual
17
Defendants.
18
19
The parties, by and between, their respective counsel, stipulate as follows:
20
1.
21
22
This Stipulation and Proposed Order is made pursuant to F.R.C.P. 41(a)(1)(A)(ii)
and California Labor Code § 2699(l)(2).
2.
Pursuant to a confidential settlement agreement, Plaintiff David Barnes agrees to
23
dismiss with prejudice Causes of Action One through Ten and Cause of Action Twelve of his
24
First Amended Complaint.
25
26
3.
Pursuant to the same confidential settlement agreement, Defendant Energy
Recovery, Inc. agrees to dismiss with prejudice its Counterclaim.
27
28
STIPULATION, SETTLEMENT AND [PROPOSED] ORDER RE DISMISSAL
1
4.
With respect to Plaintiff’s Eleventh Cause of Action under the Private Attorneys
2
General Act (PAGA), the parties separately and independently agree to the following settlement
3
of the PAGA claim.
4
5.
To the fullest extent permitted by law, Plaintiff agrees to dismiss with prejudice
5
his individual claims under PAGA. Plaintiff further agrees only for purposes of this Stipulation
6
that, if the Court grants the dismissal with prejudice of his Causes of Action One through Ten and
7
Cause of Action Twelve, he will no longer be an alleged aggrieved employee under Labor Code §
8
2699(g).
9
6.
The parties further agree to the dismissal without prejudice of the remainder of
10
Plaintiff’s Eleventh Cause of Action under PAGA as it relates to the State of California and any
11
alleged aggrieved employee other than Plaintiff. Accordingly, the dismissal of this case shall
12
have no res judicata or collateral estoppel effect on the State of California or any alleged
13
aggrieved employee other than Plaintiff.
14
7.
This Stipulation and [Proposed] Order will be served on the Labor Workforce and
15
Development Agency at the same time it is submitted to the Court in accordance with Labor Code
16
§ 2699(1)(2).
17
///
18
///
19
///
20
///
21
///
22
///
23
///
24
///
25
///
26
///
27
///
28
-2STIPULATION, SETTLEMENT AND [PROPOSED] ORDER RE DISMISSAL
1
2
8.
Each party shall bear his or its own attorneys’ fees and costs with respect to this
case.
3
4
Dated: October 14, 2016
5
BAKER & SCHWARTZ P.C.
By:----------------S-----------------------Chris Baker
Attorney for Plaintiff
DAVID BARNES
6
7
8
9
Dated: October 14, 2016
LEWIS RICE LLC
By:----------------S-----------------------David W. Gearhart
Attorney for Defendants
ENERGY RECOVERY, INC. AND JOEL
GAY
10
11
12
13
14
15
16
17
Dated: October 14, 2016
SIDLEY AUSTIN LLP
By:----------------S-----------------------Sara Brody
Attorney for Defendant
THOMAS ROONEY
18
19
20
21
22
23
24
25
26
27
28
-3STIPULATION, SETTLEMENT AND [PROPOSED] ORDER RE DISMISSAL
1
[PROPOSED] ORDER
2
The Court, upon review of the parties’ Stipulation, hereby orders as follows:
3
1.
4
Plaintiff David Barnes’ Causes of Action One through Ten and Cause of Action
Twelve are hereby dismissed with prejudice.
5
2.
6
prejudice.
7
3.
8
9
Defendant Energy Recovery, Inc.’s Counterclaim is hereby dismissed with
Plaintiff David Barnes’ Eleventh Cause of Action under the Private Attorneys
General Act is hereby dismissed with prejudice with respect to Plaintiff.
4.
Plaintiff’s Eleventh Cause of Action under the Private Attorneys General Act is
10
hereby dismissed without prejudice as to the State of California and any aggrieved employee
11
other than Plaintiff. This Order and the dismissal of this Action shall have no res judicata or
12
collateral estoppel effect on the State of California or any aggrieved employee other than
13
Plaintiff.
14
5.
Each party shall bear his or its own attorneys’ fees and costs.
15
6.
This Order hereby disposes of this Action.
S
18
10/17/16
_______________________________
United States District Judgeen
Ch
ard M.
dge Edw
Ju
H
ER
LI
RT
21
FO
NO
20
Dated: _____________
22
A
19
DERED
O OR
IT IS S
R NIA
IT IS SO ORDERED.
UNIT
ED
17
RT
U
O
16
S DISTRICT
TE
C
TA
N
F
D IS T IC T O
R
C
23
24
25
26
27
28
-4STIPULATION, SETTLEMENT AND [PROPOSED] ORDER RE DISMISSAL
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?