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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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: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiff Edwin Garcia

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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EDWIN GARCIA;

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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

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TO THE COURT AND ALL PARTIES TO THIS ACTION:
NOTICE IS HEREBY given that Plaintiff EDWIN GARCIA hereby requests that

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Defendants MOHAMMAD MORTAZAVI AND PINNACLE GROUP CORP be Dismissed

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without prejudice. This notice is accompanied by the declaration of counsel and proposed order.

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NOTICE OF DISMISSAL

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Dated: March 15, 2017

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//s//Tomas E. Margain//s//
Tomas E. Margain
Huy Tran
JUSTICE AT WORK LAW GROUP
Attorneys for Plaintiff
EDWIN GARCIA

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DECLARATION OF TOMAS E. MARGAIN

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I, Tomas E. Margain, declare as follows:
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I am the attorney of record for Plaintiff EDWIN GARCIA in this case. I have

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personal knowledge of the facts set forth in this declaration, and, if called as a witness, I could and
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would testify thereto.
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2.

Plaintiffs wish the matter dismissed without prejudice so that he may file in State

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Court being the San Mateo County Superior Court. The reason for the dismissal is that the claims
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arise primarily out of State law causes of action, and while there are some potential FLSA violations,
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the bulk of the claims have to do with Plaintiff’s status as an independent contractor and claims
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under the Private Attorney General Act.
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3.

I apologize to the Court for submitting this after the Court’s Ordered deadline of

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March 9, 2017 for Plaintiff to submit a status report. (DKT 11)
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4.

I had delayed in submitting a Status Report as I was waiting for counsel for

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Defendants to get back to me on a demand letter. Counsel never got back to me and given the delays
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in this case my preference is to file this in San Mateo County Superior Court.
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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.

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//s// Tomas Margain
Tomas E. Margain

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NOTICE OF DISMISSAL

ORDER

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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.

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IT IS SO ORDERED.

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APRIL 13, 2017
DATED: _______________________

By:

_______________________________________
THE HONORABLE MARIA-ELENA JAMES
United States Magistrate Judge

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NOTICE OF DISMISSAL