Yu v. Southland Taste Restaurant Incoporated et al

Filing 53

AMENDED STIPULATION AND ORDER TO DISMISS WITH PREJUDICE re 52 Stipulation filed by Jie Yu, Min Wang. Signed by Judge Patricia V. Trumbull on November 17, 2008. (pvtlc2, COURT STAFF) (Filed on 11/17/2008)

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Case 5:07-cv-02274-PVT Document 52 Filed 11/15/2008 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADAM WANG, Bar No. 201233 LAW OFFICES OF ADAM WANG 12 South First Street, Suite 613 SAN JOSE, CA 95113 Tel: (408) 292-1040 Fax: (408) 416-0248 Attorneys for Plaintiffs BING RUI (SBN 203521) U.S.-CHINA LAW GROUP 3031 TISCH WAY, SUITE 500 San Jose, California 95128 Attorney for Defendants UNITED STATES DISTRICT COURT FOR NORTHERN DISTRICT OF CALIFORNIA JIE YU, ET AL Plaintiffs, vs. Case No.: C07-2274 PVT AMENDED STIPULATION TO DISMISS WITH PREJUDICE & ORDER THEREON SOUTHLAND TASTE RESTAURANT INCORPORATED, ET AL. Defendants Plaintiffs, Jie Yu and Min Wang, and Defendants, Southland Taste Restaurant Incorporated, Ching Tung Chen, Chin Shih Yang Chen, I Chen Chen, Southland Flavor Cafe, Zhi Yu Deng, through their respective counsel, hereby stipulate as follows: 1. Plaintiffs filed a complaint seeking, among other things, unpaid overtime under Fair Labor Standards Act, 29 U.S.C. 201 et seq. ("FLSA"). 2. Parties reached a settlement that resolves all claims of Plaintiffs, requiring Plaintiffs to dismiss this case with prejudice. 3. prejudice. On September 18, 2008, Parties filed a stipulation to dismiss this case with 1 AMENDED STIPULATION TO DISMISS Yu, et al. v. Southland Taste Restaurant, et al. C07-2274 PVT Case 5:07-cv-02274-PVT Document 52 Filed 11/15/2008 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4. On October 10, 2008, this Court denied the Stipulation to Dismiss, on the ground that FLSA mandates award of attorney's fees for FLSA claims when an order to dismiss the action is required. As such, the Court ordered parties to show cause why parties failed to stipulate to dismiss under FED. R. CIV. PRO. 41(a) which does not involve an order to dismiss. 5. By this Amended Stipulation, parties hereby clarify that the parties meant to stipulate to dismiss under FED. R. CIV. PRO. 41 (a) without a Court order; and respectfully so stipulate. RESPECTFULLY SUBMITTED, Dated: November 15, 2008 By: /s/ ADAM WANG Adam Wang Attorney for Plaintiffs Dated: November 15, 2008 By: ___/s/ Bing Rui _ BING RUI Attorney for Defendants XXXXXXXXXXX [PROPOSED] ORDER ______________________________________________________ Pursuant to party's stipulation, IT IS HEREBY ORDERED that the Clerk should close this case. The Order to Show Cause dated October 10, 2008 is hereby dissolved. 17 Dated: November _______, 2008 ______________________ Patricia V. Trumbull United States Magistrate Judge 2 AMENDED STIPULATION TO DISMISS Yu, et al. v. Southland Taste Restaurant, et al. C07-2274 PVT

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