Garcia v. Mohammad Mortazavi et al
Filing
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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: (408) 317-1100
Facsimile: (408) 351-0105
Tomas@JAWLawGroup.com
Huy@JAWLawGroup.com
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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
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