Scheiber v. Goodyear Tire and Rubber Company

Filing 21

STIPULATION AND ORDER DISMISSING REST PERIOD COUNTS FROM THE SECOND CAUSE OF ACTION re 20 Stipulation filed by Goodyear Tire and Rubber Company. Signed by Judge Phyllis J. Hamilton on 5/25/11. (nah, COURT STAFF) (Filed on 5/25/2011)

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MICHAEL L. CARVER, SBN 173633
E-mail: [e-mail]
MICHELLE M. LUNDE, SBN 246585
E-mail: [e-mail]
LABOR LAW OFFICE
A Professional Corporation
1600 Humboldt Road, Suite 3
Chico, California 95928
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff,
Andrew M. Scheiber, individually and on behalf
of all others similarly situated

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANDREW M. SCHEIBER, individually and on Case No.: 4:10-CV-05838 PJH
behalf of all others similarly situated,
STIPULATION, DECLARATION OF
Plaintiff,
MICHELLE M. LUNDE AND
[PROPOSED] ORDER DISMISSING REST
v.
PERIOD COUNTS FROM THE SECOND
CAUSE OF ACTION OF PLAINTIFF’S
GOODYEAR TIRE AND RUBBER
AMENDED COMPLAINT
COMPANY and DOES 1-10,
Defendants.
STIPULATION
WHEREAS, the Plaintiff filed this action on October 26, 2010, and amended on

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December 8, 2010, alleging a claim for unlawful rest periods in Counts 3 and 4 of the Second

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Cause of Action under the IWC Wage Orders and Labor Code 226.7;

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WHEREAS, the parties, through their respective counsel, have met and conferred on the

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propriety of eliminating the counts related to rest periods, and concluded the rest period counts of

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Second Cause of Action should be dismissed;

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______________________________________________________________________________________________
STIPULATION, DECLARATION OF MICHELLE M. LUNDE AND [PROPOSED] ORDER DISMISSING REST
PERIOD COUNTS FROM THE SECOND CAUSE OF ACTION OF PLAINTIFF’S AMENDED COMPLAINT

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THEREFORE, the parties stipulate to the dismissal of the third and fourth counts of the
Second Cause of Action.

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Dated: May 17, 2011

LABOR LAW OFFICE, A.P.C.

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/s/ Michelle M. Lunde
Michelle M. Lunde
Attorneys for Plaintiff,
ANDREW M. SCHEIBER, individually and on
behalf of all others similarly situated

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Dated: May 23, 2011

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/s/ Tomomi Glover
MICHELLE B. HEVERLY
TOMOMI GLOVER
LITTLER MENDELSON
A Professional Corporation
Attorneys for Defendant
GOODYEAR TIRE AND RUBBER
COMPANY

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______________________________________________________________________________________________
STIPULATION, DECLARATION OF MICHELLE M. LUNDE AND [PROPOSED] ORDER DISMISSING REST
PERIOD COUNTS FROM THE SECOND CAUSE OF ACTION OF PLAINTIFF’S AMENDED COMPLAINT

DECLARATION OF MICHELLE M. LUNDE

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I, MICHELLE M. LUNDE, declare as follows:

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I am an attorney at law duly licensed to practice before all courts of the

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State of California, and an attorney for Plaintiff in this matter. I have personal knowledge of the

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matters set forth herein and if called to testify, I would testify as follows:

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2.

Plaintiff filed this action on October 26, 2010, and amended on December 8, 2010,

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alleging in both complaints in the Second Cause of Action a claim for compensation for unlawful

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rest periods. Subsequently, the parties, through their respective counsel, met and conferred on the

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propriety of a rest period cause of action, given that Plaintiff and putative Class Members were paid

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for their rest period time and did not keep records of them.
3.

Plaintiff requests dismissal of the Third and Fourth Counts of the Second Cause of

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Action. This case has not been certified as a class action. No consideration, direct or indirect is

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being given for this dismissal.

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I declare under penalty of perjury under the laws of the State of California that the

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foregoing is true and correct and that this declaration is executed on May 17, 2011 at Chico,

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California.

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_/s/ Michelle M. Lunde______________
Michelle M. Lunde

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______________________________________________________________________________________________
STIPULATION, DECLARATION OF MICHELLE M. LUNDE AND [PROPOSED] ORDER DISMISSING REST
PERIOD COUNTS FROM THE SECOND CAUSE OF ACTION OF PLAINTIFF’S AMENDED COMPLAINT

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[PROPOSED] ORDER

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S DISTRICT
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JUDGE OF THE SUPERIORERED
O ORD COURT
IT IS S
NO

hyllis J.
Judge P

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ER

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n
Hamilto

FO

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R NIA

RT
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5/25/11
Dated _______________________

LI

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dismissal of the Third and Fourth Counts of the Second Cause of Action for rest periods is granted.
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Pursuant to Stipulation of the parties, and good cause appearing, Plaintiff’s request for

UNIT
ED

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N

F
D IS T IC T O
R

C

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______________________________________________________________________________________________
STIPULATION, DECLARATION OF MICHELLE M. LUNDE AND [PROPOSED] ORDER DISMISSING REST
PERIOD COUNTS FROM THE SECOND CAUSE OF ACTION OF PLAINTIFF’S AMENDED COMPLAINT