Garcia v. Mohammad Mortazavi et al

Filing 13

ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Magistrate Judge Maria-Elena James on 4/13/2017. (rmm2S, COURT STAFF) (Filed on 4/13/2017)

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5 TOMAS E. MARGAIN, Bar No. 193555 HUY TRAN, Bar No. 288196 Justice at Work Law Group 84 West Santa Clara Street, Suite 790 San Jose, CA 95113 Telephone: (408) 317-1100 Facsimile: (408) 351-0105 6 Attorneys for Plaintiff Edwin Garcia 1 2 3 4 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION 10 11 EDWIN GARCIA; 12 13 14 15 16 Case No. 3:16-cv-05913-MEJ PLAINTIFF, V. NOTICE OF DISMISSAL WITHOUT PREJUDICE; REQUEST THAT MATTER BE DISMISSED AND THAT CLERK CLOSE FILE; [PROPOSED] ORDER MOHAMMAD MORTAZAVI AND PINNACLE GROUP CORP, Defendants. Complaint Filed: March 6, 2015 17 18 19 20 TO THE COURT AND ALL PARTIES TO THIS ACTION: NOTICE IS HEREBY given that Plaintiff EDWIN GARCIA hereby requests that 21 Defendants MOHAMMAD MORTAZAVI AND PINNACLE GROUP CORP be Dismissed 22 without prejudice. This notice is accompanied by the declaration of counsel and proposed order. 23 24 25 26 27 28 1 NOTICE OF DISMISSAL 1 Dated: March 15, 2017 2 //s//Tomas E. Margain//s// Tomas E. Margain Huy Tran JUSTICE AT WORK LAW GROUP Attorneys for Plaintiff EDWIN GARCIA 3 4 5 6 DECLARATION OF TOMAS E. MARGAIN 7 8 9 I, Tomas E. Margain, declare as follows: 1. I am the attorney of record for Plaintiff EDWIN GARCIA in this case. I have 10 personal knowledge of the facts set forth in this declaration, and, if called as a witness, I could and 11 would testify thereto. 12 2. Plaintiffs wish the matter dismissed without prejudice so that he may file in State 13 Court being the San Mateo County Superior Court. The reason for the dismissal is that the claims 14 arise primarily out of State law causes of action, and while there are some potential FLSA violations, 15 the bulk of the claims have to do with Plaintiff’s status as an independent contractor and claims 16 under the Private Attorney General Act. 17 3. I apologize to the Court for submitting this after the Court’s Ordered deadline of 18 March 9, 2017 for Plaintiff to submit a status report. (DKT 11) 19 4. I had delayed in submitting a Status Report as I was waiting for counsel for 20 Defendants to get back to me on a demand letter. Counsel never got back to me and given the delays 21 in this case my preference is to file this in San Mateo County Superior Court. 22 23 I declare under penalty of perjury pursuant to the laws of the United States that the foregoing is true and correct, executed on March 15, 2017 in San Jose, California. 24 //s// Tomas Margain Tomas E. Margain 25 26 27 28 2 NOTICE OF DISMISSAL ORDER 1 2 3 4 5 Based on GOOD CAUSE shown and upon the Notice and Declaration of Plaintiff’s counsel Tomas E. Margain, the Court orders as follows: The matter is Dismissed without Prejudice as to all parties. All calendared dates are hereby vacated and the Clerk is directed to close the file. 6 7 IT IS SO ORDERED. 8 9 APRIL 13, 2017 DATED: _______________________ By: _______________________________________ THE HONORABLE MARIA-ELENA JAMES United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 NOTICE OF DISMISSAL

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