Koval v. Pacific Bell Telephone Company

Filing 29

ORDER DISMISSING CASE. Signed by Judge Claudia Wilken on 11/26/2014. (ndr, COURT STAFF) (Filed on 11/26/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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FRANK KOVAL,

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United States District Court
For the Northern District of California

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No. C 12-1627 CW

Plaintiff,

ORDER DISMISSING
CASE

v.
PACIFIC BELL TELEPHONE COMPANY,
doing business as AT&T,
Defendant.
________________________________/

On August 10, 2012, the Court granted Defendant Pacific Bell

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Telephone Company’s motion to stay the case pending the resolution

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of the Pacific Bell Wage and Hour Cases, Alameda County Superior

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Court, Case No. JCCP004637.

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statute of limitations for putative collective action members from

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the date on which Plaintiff Frank Koval filed this federal action

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through the date on which the stay is lifted, provided that Koval

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promptly moved to add his FLSA claim to the state court complaint.

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On October 12, 2012, Plaintiff filed a notice informing the Court

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that the Alameda County court granted his motion to add the FLSA

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claim to the state court action.

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The Court equitably tolled the FLSA

On November 10, 2014, the Court ordered the parties to file a

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status report regarding the status of the state court litigation.

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The parties have filed a joint request that the Court dismiss the

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instant case, stating that it is a “duplicative parallel action.”

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Accordingly, the Court dismisses this action.

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Court shall close the case.

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IT IS SO ORDERED.

The Clerk of the

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Dated:

November 26, 2014

CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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