Pugh et al v. Metlife, Inc. et al

Filing 68

STIPULATION OF VOLUNTARY DISMISSAL AND ORDER ; ORDER DISMISSING CASE WITH PREJUDICE; re 67 Stipulation filed by Tillman Pugh, David Henderson, Margaret Sulkowski, Metropolitan Life Insurance Company. Signed by Judge Yvonne Gonzalez Rogers on 9/4/2019. ** The Friday, 9/6/2019 at 9:01 AM Compliance hearing is VACATED.**(fs, COURT STAFF) (Filed on 9/4/2019)

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THE LAW OFFICES OF JOHN M. KELSON
JOHN M. KELSON (75462)
483 Ninth Street, Suite 200
Oakland, CA 94607
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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9/4/2019

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JERRY K. CIMMET (33731)
Attorney at Law
1380 East Avenue
Building 124, #322
Chico, CA 95926
Telephone: [phone]
Facsimile:
[phone]

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WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
BETSY C. MANIFOLD (182450)
MARISA C. LIVESAY (223247)
750 B Street, Suite 1820
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]

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S DISTRICT
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OAKLAND DIVISION
TILLMAN PUGH, et al., individually and on
behalf of all others similarly situated,

Case No. 18-cv-01506-YGR

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Plaintiffs,

STIPULATION OF VOLUNTARY
DISMISSAL WITH PREJUDICE

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vs.

[Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii)]

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METROPOLITAN LIFE INSURANCE
COMPANY, et al.,

JUDGE: Hon. Yvonne Gonzalez Rogers
CTRM: 1, 4th Floor

Defendants.

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STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE
CASE NO. 18-cv-01506-YGR

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Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiffs Tillman Pugh,

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Margaret Sulkowski and David Henderson (collectively referred to herein as “Plaintiffs”) and

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Defendants Metropolitan Life Insurance Company and MetLife Resources, Inc. (collectively,

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“Defendants”) (Plaintiffs and Defendants are referred to collectively herein as “Parties”), by and

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through their counsel, stipulate as follows:

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WHEREAS, on January 30, 2018, Plaintiffs filed a complaint in the Superior Court of the

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State of California, in and for the County of Alameda (the “Complaint”), which alleged causes of

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action for: (1) Failure to Reimburse Expenses and/or Prohibited Cash Bond; (2) Prohibited Wage

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Chargebacks; (3) Unlawful Failure to Provide Itemized Wage Statements; (4) Unlawful Failure

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to Pay Wages on Termination; (5) Unlawful Underpayment of Wages; (6) Unlawful Untimely

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Payment of Wages; (7) Private Attorneys General Act; and (8) Unfair Business Practices;

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WHEREAS, on March 8, 2018, Defendants filed their Answer, concurrently with a

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Notice of Removal to the United States District Court for the Northern District of California in

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the above-captioned matter, in which they denied the material allegations of the Complaint and

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asserted numerous affirmative defenses thereto;

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WHEREAS, following mediation, the Parties have agreed to a settlement of their dispute
(hereafter, the “Settlement”);

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WHEREAS, this Notice of Dismissal is being filed with the Court before service of either
a motion for summary judgment or a motion to certify a class; and

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WHEREAS, pursuant to the Parties’ Settlement, this lawsuit is to be dismissed in its

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entirety with prejudice as to the named Plaintiffs, both in their individual capacities and as

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potential representatives of any class1;

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This action has not been certified as a class, and no motion for certification has been
filed. Notice of this settlement and dismissal will be sent to all known putative class members,
who also will be given an opportunity to settle expense reimbursement and wage deduction
claims they may believe they have against Defendants. While individual putative class members
may voluntarily settle and release any claims they may have, no putative class member will be
bound by operation of or by this dismissal as to their individual claims.
STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE
CASE NO. 18-cv-01506-YGR

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between
the Parties through their undersigned counsel, that:

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Plaintiffs’ claims in the above-entitled action shall be, and hereby are, DISMISSED in

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their entirety with prejudice as to each and every one of their individual claims and as

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representatives of any class, and this action is dismissed with prejudice. Each party shall bear

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his, her or its own attorneys’ fees and costs, except as otherwise provided in the Parties’

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Settlement.

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DATED: August 30, 2019

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WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
/s/ Betsy C. Manifold
BETSY C. MANIFOLD
BETSY C. MANIFOLD (182450)
MARISA C. LIVESAY (223247)
750 B Street, Suite 1820
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
JEFFREY G. SMITH (133113)
MARK C. RIFKIN
270 Madison Ave.
New York, NY 10016
Telephone: [phone]
Facsimile: [phone]

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THE LAW OFFICES OF JOHN M. KELSON
JOHN M. KELSON (75462)
483 Ninth Street, Suite 200
Oakland, CA 94607
Telephone: [phone]
Facsimile: [phone]
JERRY K. CIMMET (33731)
Attorney at Law
1380 East Avenue
Building 124, #322
Chico, CA 95926
STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE
CASE NO. 18-cv-01506-YGR

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Telephone:
Facsimile:

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[phone]
[phone]

Attorneys for Plaintiffs Tillman Pugh, Margaret
Sulkowski and David Henderson

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DATED: August 30, 2019

MORGAN, LEWIS & BOCKIUS LLP

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/s/ Carrie A. Gonell
CARRIE A. GONELL

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CARRIE A. GONELL (257163)
600 Anton Boulevard, Suite 1800
Costa Mesa, CA 92626-7653
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants

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DECLARATION REGARDING CONCURRENCE

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I, Betsy C. Manifold, am the ECF user whose identification and password are being used
to file this STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE.

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compliance with Civil Local Rule 5-1(i)(3), I hereby attest that Carrie A. Gonell has concurred in
this filing.

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DATED: August 30, 2019

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WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
/s/ Betsy C. Manifold
BESTY C. MANIFOLD

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STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE
CASE NO. 18-cv-01506-YGR

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