Otto v. Bank of The West

Filing 39

ORDER GRANTING STIPULATION OF DISMISSAL. Signed by Magistrate Judge Jacqueline Scott Corley on 3/30/2018. (ahm, COURT STAFF) (Filed on 3/30/2018)

1 Christopher Wimmer (SBN 263275)
Peter Roldan (SBN 227067)
2 Jason Fisher (SBN 289085)
EMERGENT LLP
3 535 Mission Street, 14th Floor
San Francisco, California 94105
4 p: 415/894-9284
f: 415/276-8929
5 e: [e-mail]
e: [e-mail]
6 e: [e-mail]
7 Attorneys for Plaintiff
SATENICK DOLUNTS OTTO
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[full listing of counsel on signature page]
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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14 SATENICK DOLUNTS OTTO, on behalf of
herself and others similarly situated,
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Plaintiff,
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v.
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BANK OF THE WEST,
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Defendant.
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Case No. 17-cv-01445-JSC
STIPULATION OF DISMISSAL AND
[PROPOSED] ORDER

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

No. 17-CV-01445-JSC

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STIPULATION
WHEREAS on March 16, 2017 Plaintiff Satenick Dolunts Otto (“Plaintiff”) brought

3 suit in this action against defendant Bank of the West (the “Bank”) alleging violations of
4 the Fair Labor Standards Act (“FLSA”); and
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WHEREAS on December 22, 2017 Plaintiff and the Bank settled Plaintiff’s

6 individual FLSA claims, and on or around January 8, 2018 executed a Settlement
7 Agreement and General Release (“Settlement Agreement”);
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THEREFORE, IT IS HEREBY STIPULATED between Plaintiff and the Bank

9 through their counsel that this action shall be dismissed with prejudice pursuant to
10 Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Plaintiff and the Bank further stipulate
11 that, except as set forth in the Settlement Agreement, each party shall bear her or its own
12 attorneys’ fees and costs.
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IT IS SO STIPULATED.

14 Dated: January 11, 2018

Respectfully submitted,

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By:

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/s/ Christopher Wimmer
Christopher Wimmer

EMERGENT LLP
Attorneys for Plaintiff
SATENICK DOLUNTS OTTO

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19 Dated: January 11, 2018

Respectfully submitted,

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By:

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WASKOSWSKI, JOHNSON, YOHALEM LLP
Attorneys for Plaintiff
SATENICK DOLUNTS OTTO

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Dated: January 11, 2018

/s/ Seth Yohalem
Seth Yohalem

Respectfully submitted,
By:

/s/ Andrew R. Livingston
Andrew R. Livingston

Zachary B. Scott
Tierra D. Piens
ORRICK, HERRINGTON & SUTCLIFFE LLP
Attorneys for Defendant
BANK OF THE WEST
1.
STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

No. 17-CV-01445-JSC

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ECF Attestation

2 I am the person who efiled this document, and attest that concurrence in the filing of the
3 document has been obtained from each of the other signatories.
/s/ Christopher Wimmer

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[PROPOSED] ORDER

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The court having considered the stipulation of the parties, and good cause

8 appearing, IT IS ORDERED that:
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1. This action is dismissed with prejudice pursuant to Federal Rule of Civil Procedure
41(a)(1)(A)(ii).
2. Except as provided in the Settlement Agreement, each party shall bear her or its
own attorneys’ fees and costs.
3. The court shall retain jurisdiction over this matter to enforce the terms of the
Settlement Agreement.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: March 30, 2018
Honorable Jacqueline Scott Corley
United States Magistrate Judge

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2.
STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

No. 17-CV-01445-JSC