Felix v. Safeway, Inc.

Filing 35

STIPULATION AND ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 11/8/12. (lrc, COURT STAFF) (Filed on 11/8/2012)

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R. BRIAN DIXON, Bar No. 76247
MICHAEL F. McCABE, Bar No. 111151
LAURA E. HAYWARD, Bar No. 204014
LITTLER MENDELSON, P.C.
A Professional Corporation
650 California Street, 20th Floor
San Francisco, CA 94108.2693
Telephone:
415.433.1940
Fax No.:
415.743.6665
[e-mail]
Attorneys for Defendant SAFEWAY INC.
JOSEPH ANTONELLI, Bar No. 137039
JANELLE CARNEY, Bar No. 201570
LAW OFFICES OF JOSEPH ANTONELLI
1000 Lakes Drive, Suite 450
West Covina, CA 91790
Telephone:
626.917.6228
Fax No.:
626.917.7686
Attorneys for Plaintiff VICTOR FELIX

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KEVIN T. BARNES, Bar No. 138477
GREGG LANDER, Bar No. 194018
LAW OFFICES OF KEVIN T. BARNES
5670 Wilshire Blvd., Suite 1460
Los Angeles, CA 90036
Telephone:
323.549.9100
Fax No.:
323.549.0101

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SAHAG MAJARIAN II, Bar No. 146621
LAW OFFICES OF SAHAG MAJARIAN II
18250 Ventura Blvd.
Tarzana, CA 91356
Telephone:
818.609.0807
Fax No.:
818.609.0892
[e-mail]
Attorneys for Plaintiff VICTOR FELIX

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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VICTOR FELIX, an individual on behalf
of himself and all others similarly situated,
Plaintiffs,
v.
SAFEWAY, INC., a Delaware corporation;
and DOES 1 to 100, inclusive,

Case No. C 11 05005 SBA
STIPULATION AND ORDER RE:
DISMISSAL WITH PREJUDICE
PURSUANT TO FRCP 41(A)(1)

Defendants.

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LITTLER MENDELSON, P.C.
A PROFESSIONAL CORPORATION
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

Case No. CV 11-05005 SBA
STIPULATION AND ORDER RE: DISMISSAL WITH PREJUDICE

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IT IS HEREBY STIPULATED by and between the parties to this action, Plaintiff

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Victor Felix and Defendant Safeway Inc., and by and through their designated counsel pursuant to

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Rule 41(a) of the Federal Rules of Civil Procedure, that:

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1.

Following the filing of the Complaint in this action, the Parties have engaged

in discovery and exchanged information pertaining to the Plaintiff’s claims in this case;
2.

Counsel for Plaintiff have diligently investigated the claims made in the

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Complaint, both by evaluating the information provided by Defendant and by conducting an

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independent investigation. The evidence provided by Defendant included written discovery, the

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production of documents, and 30(b)(6) witness testimony on Plaintiff’s time and pay records,

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Plaintiff’s time punches, as well as the structure and operation of Defendant’s timekeeping and

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payment calculation systems;

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3.

After a thorough investigation of the facts and review of the law, Plaintiff’s

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counsel believes that further prosecution of this case is not warranted. Specifically, an analysis of

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data produced by Defendant’s counsel for a sampling of the putative class and performed by an

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expert retained by Plaintiff’s counsel has not shown the existence of damages to Plaintiff or other

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members of the sample population contained in the data provided arising from Defendant’s rounding

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practices. As a result, the Parties have agreed to resolve this case without seeking certification of a

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class. The Parties hereby stipulate to dismiss this action with prejudice as to Plaintiff Victor Felix

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and agree that such a dismissal will be without prejudice as to the putative class.

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4.

Each party shall bear its own fees and costs.

Dated: ________________________, 2012

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MICHAEL F. McCABE
LITTLER MENDELSON, P.C.
A Professional Corporation
Attorneys for Defendant SAFEWAY INC.

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Dated: ________________________, 2012

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LITTLER MENDELSON, P.C.
A PROFESSIONAL CORPORATION
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

JOSEPH ANTONELLI
JANELLE CARNEY
LAW OFFICE OF JOSEPH ANTONELLI
A Professional Corporation
Attorneys for Plaintiff VICTOR FELIX
1.

Case No. CV 11-05005 SBA
STIPULATION AND ORDER RE: DISMISSAL WITH PREJUDICE

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ORDER
Based upon the above stipulation, the Court hereby orders this case dismissed with
prejudice, each party to bear its own fees and costs.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: __11/8/12
SAUNDRA BROWN ARMSTRONG
United States District Court Judge

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Firmwide:115680889.4 001153.1604

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LITTLER MENDELSON, P.C.
A PROFESSIONAL CORPORATION
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

2.

Case No. CV 11-05005 SBA
STIPULATION AND ORDER RE: DISMISSAL WITH PREJUDICE