Washington v. Robert Half International Inc.

Filing 7

STIPULATION AND ORDER re 6 STIPULATION WITH PROPOSED ORDER of Voluntary Dismissal filed by April Washington, Robert Half International Inc., ***Civil Case Terminated. Signed by Magistrate Judge Kandis A. Westmore on 4/22/15. (sisS, COURT STAFF) (Filed on 4/22/2015)

1 NICHOLS KASTER, LLP
Matthew C. Helland, CA Bar No. 250451
2 [e-mail]
One Embarcadero Center, Suite 720
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San Francisco, CA 94111
4 Phone: [phone]
Fax: [phone]
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Attorneys for Plaintiff April Washington
6 [Attorneys for Defendant listed on Signature Page]
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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APRIL WASHINGTON, individually and as
13 a representative of the classes,
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Plaintiff,

Case No.: 4:15-cv-00841-KAW
STIPULATION OF VOLUNTARY
DISMISSAL; [PROPOSED] ORDER

v.

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ROBERT HALF INTERNATIONAL,
Defendant.

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Plaintiff April Washington (“Plaintiff”), and Robert Half International, Inc. (“Defendant”),

21 through their attorneys of record, hereby agree and stipulate as follows:
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A.

Whereas Plaintiff filed a Class Action Complaint in the Superior Court of San

23 Mateo County, California, on January 23, 2015, Case No. CIV532207 (the “Complaint”), which
24 was removed by Defendant to this Court on February 24, 2015;
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B.

Whereas, in the Complaint, Plaintiff alleges that Defendant violated the Fair Credit

26 Reporting Act by failing to adequately disclose to Plaintiff that it was going to procure a consumer
27 report on her, which claim Plaintiff purported to assert both individually and on behalf of classes
28 of plaintiffs;
4:15-cv-00841-KAW
STIPULATION OF VOLUNTARY DISMISSAL; [PROPOSED] ORDER

1

C.

Whereas, Defendant denies that its actions were wrongful in any respect with

2 regard to Plaintiff and any putative class;
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D.

Whereas, in the course of applying for employment with Defendant, Plaintiff

4 agreed to arbitrate any dispute with Defendant, and to do so only on an individual basis, and
5 Defendant has provided Plaintiff with case law in which Defendant’s arbitration agreement has
6 been enforced by state and federal courts in California;
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E.

Whereas, the Court has never certified any class in this case under Federal Rule of

8 Civil Procedure 23;
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F.

Whereas, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), a plaintiff

10 may dismiss an action by filing a stipulation of dismissal signed by all parties who have appeared;
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G.

Whereas, the parties have reached a settlement of Plaintiff’s individual claims

12 against Defendant in which the Plaintiff’s individual claims will be dismissed with prejudice and
13 the claims of members of any putative class will be dismissed without prejudice;
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NOW, THEREFORE, THE PARTIES HEREBY STIPULATE THAT:

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All of the individual claims and allegations brought by Plaintiff against Defendant are

16 hereby dismissed with prejudice. All claims and allegations of any putative class members are
17 hereby dismissed without prejudice.
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NICHOLS KASTER, PLLP
19 DATED: April 21, 2015
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By: /s/ Matthew C. Helland
Matthew C. Helland

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Attorney for Plaintiff April Washington
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DATED: April 21, 2015
O’MELVENY & MYERS LLP
23 __________________________________
By: __s/ Adam P. KohSweeney_______
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Adam P. KohSweeney
Two Embarcadero Center
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San Francisco, CA 94111
Telephone: [phone]
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Facsimile: 415-984-8701
[e-mail]
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Attorney for Defendant Robert Half International Inc.
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4:15-cv-00841-KAW
2
STIPULATION OF VOLUNTARY DISMISSAL; [PROPOSED] ORDER

[PROPOSED] ORDER

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Pursuant to Rule 23(e) and Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure

3 and pursuant to the stipulation of the parties, Plaintiff April Washington’s individual claims are
4 hereby dismissed with prejudice and the claims of the putative class members are hereby
5 dismissed without prejudice.
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IT IS SO ORDERED.

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DATED:

4/22

, 2015
Magistrate Judge Kandis A. Westmore
UNTIED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFONRIA

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4:15-cv-00841-KAW
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STIPULATION OF VOLUNTARY DISMISSAL; [PROPOSED] ORDER