Diaz et al v. City of San Jose

Filing 58

ORDER TO SHOW CAUSE RE: SETTLEMENT AND STIPULATED DISMISSAL. Stipulated Dismissals or Status Reports to update the Court on the City Counsel's approval of the Settlement as to BOTH cases due by 9/10/2010. Order to Show Cause hearing as to BOTH cases set for 9/20/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Failure to adhere to this Order may subject both parties to appropriate sanctions. Signed by Judge James Ware on 8/9/2010. (ecg, COURT STAFF) (Filed on 8/9/2010)

Diaz et al v. City of San Jose

Doc. 58

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Attorneys for CITY OF SAN JOSE

OF D UNITED STATES DISTRICT COURT I S T R I C T
NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION JUAN DIAZ, _________________________________ JEFFREY WELCH, GLEN BISHIP, MITCHELL WITSINSKI, ROBERT CULBERTSON and other employees similarly situated, Plaintiffs, v. CITY OF SAN JOSE, Defendant.

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NO: Number: C08-02132 JW Case C 07-06424 JW NO: C 08-02132 JW STIPULATION AND [PROPOSED] ORDER RE: SETTLEMENT OF FLSA ORDER CLAIM TO SHOW CAUSE RE: SETTLEMENT AND STIPULATED DISMISSALS

On May 18, 2010 and May 21, 2010, the Court approved the parties' Stipulations re: WHEREAS, this is a Fair Labor the Standards Act ("FLSA") case in Nos. 57 in Settlement of FLSA Claim, respectively inand above entitled cases. (Docket Item which the C 07-6424 and 47 in C 08-2132.) The parties represented that upon approval of the Settlement by the Plaintiffs are asserting, based on several different theories, that Defendant City of San Jose San Jose City Counsel, the parties will file the appropriate Stipulated Dismissals. To date, nearly two and not paid Plaintiff firefighters overtime consistent with the FLSA for the last to bring these has a half months later, the parties have failed to neither file the Stipulated Dismissalsseveral years; cases to a close or update the Court on the status of the City Counsel's approval. WHEREAS, the City denies these allegations; at 9 a.m. as a hearing on an Order to Show Accordingly, the Court sets September 20, 2010 Cause re: Settlement the parties agree that the further pursuit of this action would not be of the WHEREAS, and Stipulated Dismissals for both cases. On or before September 10, 2010, parties shall file either Stipulated Dismissals or Status Reports to update the Court on the City benefit to approval of the Settlement. Counsel's either party; Failure to adhere to this Order may subject both parties to appropriate sanctions. WHEREAS, the parties represent that they have reached a settlement in this matter, which has been approved by Plaintiffs and by the San Jose City Council in closed session, Dated: August 9, 2010 __________________________ but is subject to approval of the San Jose City Council in regular session; JAMES WARE United States District Judge 1
STIPULATION AND [PROPOSED] ORDER RE: SETTLEMENT OF FLSA CLAIM C07-06424 JW 657205
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RICHARD DOYLE, City Attorney (#88625) NORA FRIMANN, Assistant City Attorney (#93249) ROBERT FABELA, Sr. Deputy City Attorney (#148098) Office of the City Attorney 200 East Santa Clara Street San José, California 95113-1905 Telephone Number: [phone] Facsimile Number: [phone] E-Mail Address: [e-mail]

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