Aquino et al v. AT&T Corp.

Filing 28

ORDER DISMISSING ACTION. Signed by Judge Vince Chhabria on 2/14/2018. (knm, COURT STAFF) (Filed on 2/14/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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XAVIER AQUINO, KERRY HEDRICK,
GARY JAEGERS, TIMOTHY LANE,
DENNIS MALLARI, DAVID MIDDLETON,
RONALD NORMAN, GERARDO PEREZ,
DAVID J. POSTON, KEVIN WEEKS,
individually, and on behalf of all others
similarly situated.

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Plaintiffs,
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vs.
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AT&T, Corp.
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Defendants.
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) Case No. 3:16-cv-04864-VC
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) [PROPOSED] ORDER DISMISSING
) ACTION
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[PROPOSED] ORDER DISMISSING ACTION

The Court, having considered the submissions of Plaintiffs Xavier Aquino, Kerry Hedrick,

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Gary Jaegers, Timothy Lane, Dennis Mallari, David Middleton, Ronald Norman, Gerardo Perez,

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David J. Poston and Kevin Weeks (collectively, “Named Plaintiffs”) and Defendant Pacific Bell

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Telephone Company (“Pac Bell”) 1 (together, “the Parties”), and having considered the oral

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presentation by counsel for all Parties, and good cause appearing therefor, this Court orders as

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follows:
1.

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The individual causes of action of Plaintiffs Xavier Aquino, Kerry Hedrick, Gary

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Jaegers, Timothy Lane, Dennis Mallari, David Middleton, Ronald Norman, Gerardo

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Perez, David J. Poston and Kevin Weeks are hereby dismissed with prejudice;
2. The class allegations asserted in the operative complaint in this action are dismissed

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without prejudice to any unnamed class members;

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3. Defendant shall give notice of this dismissal to the Communications Workers of

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America: Local 9400;

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4. Defendant shall file proof of service of such notice of the dismissal of this action on the

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Communications Workers of America: Local 9400 within fourteen (14) days of entry of

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the Order dismissing the action; and
5. Each of the Parties shall bear their own costs and attorneys’ fees.

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IT IS SO ORDERED.

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February 14, 2018
Dated: ______________________

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___________________________________
HON. VINCE CHHABRIA

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The Parties previously agreed that Defendant Pacific Bell Telephone Company erroneously was sued as “AT&T Corp.”
See Larson v. Pacific Bell Telephone Company, Case No. 3:16-cv-04858-VC (ECF 12, 20, 40).

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[PROPOSED] ORDER DISMISSING ACTION