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)

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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

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