McBain v. Behr Paint Corporation

Filing 82

ORDER DISMISSING CASE PURSUANT TO JOINT REQUEST re 81 Status Report filed by Ryan McBain. Signed by Judge Thomas S. Hixson on 11/29/2018. (cdnS, COURT STAFF) (Filed on 11/29/2018)

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RYAN MCBAIN, individually, and on behalf of
others similarly situated,
Plaintiffs,
vs.
BEHR PROCESS CORPORATION (dba MASCO
COATINGS GROUP”), a corporation, BEHR
PAINT CORPORATION, a corporation; MASCO
CORPORATION, a corporation; and DOES ONE
through TEN inclusive,

Case No.: 3:16-CV-07036-TSH
JOINT STATUS REPORT
Date:
Time:
Dept:
Before:

Defendants.

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725211.3

November 29, 2018
10:00 AM
Dept B
Hon. Thomas S. Hixson

Trial Date:

JOINT STATUS REPORT

R NIA

ixson

F
D IS T IC T O
R

NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES DISTRICT COURT

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ER

as S. H

Attorneys for Plaintiff and the Proposed Class

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Laura L. Ho (SBN 173179)
[e-mail]
Byron Goldstein (SBN 289306)
[e-mail]
Ginger L. Grimes (SBN 307168)
[e-mail]
GOLDSTEIN, BORGEN, DARDARIAN & HO
300 Lakeside Drive, Suite 1000
Oakland, CA 94612
Tel: [phone]
Fax: [phone]

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J u d ge T

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Attorneys for Defendants Behr Paint Corporation and Behr
Process Corporation

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TED

GRAN

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S DISTRICT
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Mia Farber (SBN 131467)
[e-mail]
Damien P. DeLaney (SBN 246476)
[e-mail]
JACKSON LEWIS P.C.
725 South Figueroa Street, Suite 2500
Los Angeles, CA 90017-5408
Tel: [phone]
Fax: [phone]

UNIT
ED

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None Set

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Pursuant to this Court’s May 18, 2018 Order Vacating May 24, 2018 Status Conference (ECF

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No. 78), Plaintiff Ryan McBain, individually and on behalf of all others similarly situated (“Plaintiff”),

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and Defendants Behr Paint Corporation and Behr Process Corporation (“Defendants”), by and through

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their respective counsel of record, submit this Joint Status Report.

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On August 24, 2018, the Alameda County Superior Court granted final approval of the Parties’

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proposed class, collective, and representative action settlement and entered Final Judgment (attached

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as Exh. 1). The final approval order and final judgment include the claims before this Court as well as

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the claims that were dismissed from this case and re-filed in Alameda County Superior Court.

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Accordingly, the Parties request that this Court dismiss this action with prejudice.

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Dated: November 29, 2018

Respectfully submitted,

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GOLDSTEIN, BORGEN, DARDARIAN & HO

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s/Byron Goldstein
Laura L. Ho
Byron Goldstein
Ginger L. Grimes.

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Attorneys for Plaintiff and the Proposed Class

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JACKSON LEWIS P.C.

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s/Mia Farber
Mia Farber
Damien Delaney

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Attorneys for Defendants Behr Paint
Corporation and Behr Process Corporation

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SIGNATURE ATTESTATION
ATTESTATION OF FILER

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The undersigned hereby attests that all signatories above have concurred in the filing of this
motion.
DATED: November 29, 2018

s/Byron Goldstein
Byron Goldstein

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725211.3

JOINT STATUS REPORT