Espinoza et al v. C & C Security Patrol, Inc. et al

Filing 90

STIPULATION AND ORDER Granting Request to File Parties' Stipulated Request for Court Approval of Settlement; Granting Request to File Stipulated Settlement Under Seal re 89 Stipulation. Signed by Judge James Ware on 3/31/2010. (ecg, COURT STAFF) (Filed on 3/31/2010)

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ADAM WANG, State Bar No. 201233 LAW OFFICES OF ADAM WANG 12 South First Street, Suite 708 San Jose, California 95113 Tel: [phone] Fax: [phone] [e-mail] Attorneys for Plaintiffs Mark A. Hagopian, Esq., SBN 124819, [e-mail] Sejal Thakkar, Esq., SBN 226778, [e-mail] MANNING & MARDER KASS, ELLROD, RAMIREZ LLP One California Street, Suite 1100 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

LEONARDO ESPINOZA, and SERGIO ROQUE, vs. Plaintiffs,

Case No. C 08-1522 JW STIPULATION TO FILE PARTIES' STIPULATED REQUEST FOR COURT APPROVAL OF SETTLEMENT OF PLAINTIFFS' CLAIMS UNDER THE CALIFORNIA LABOR CODE PRIVATE ATTORNEY GENERAL'S ACT UNDER SEAL [PROPOSED] ORDER

C & C SECURITY PATROL, INC., HERMENEGILDO COUGH, MARCEL LOEPZ, GILBERT MARTINEZ, and DOES 1-10 Defendants

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Plaintiffs Leonardo Espinoza and Sergio Roque, ("Plaintiffs") and Defendants C & C SECURITY PATROL, INC., HERMENEGILDO COUGH, MARCEL LOEPZ, GILBERT MARTINEZ ("Defendants") (Plaintiffs and Defendants are referred to collectively as the "Parties"), by and through their respective counsel, jointly request that the Court grant approval of their request to file their Stipulated Request for Court Approval of Settlement Of Plaintiffs' Claims Under the California Labor Code Private Attorney General's Act under seal. 1. Plaintiffs field the Complaint in this case on March 19, 2008, alleging among other

things, unpaid overtime under both California Labor Code and Fair Labor Standards Act ("FLSA") . 2. Shortly after the Compliant was filed in this case, Defendant C&C Security Patrol

Inc. entered into a settlement agreement with United States Department of Labor ("DOL") for its alleged overtime violations under FLSA. Pursuant to that agreement, Plaintiff Rogue and Plaintiff Espinoza were paid or promised to be paid $ 27,892.58 and $ 11,502.94, respectively. 3. Despite the settlement with US DOL, parties continued to litigate this case, reached

a compromise at the eve of final pre-trial conference. 4. A portion of the settlement requires court approval under the statute based which

some of the claims are alleged. As such, parties will submit a stipulated request for court's approval of their proposed settlement. 5. Given the sensitive nature of the settlement, and given the fact that the

confidentiality is the crucial inducement for Defendants to enter into the compromised settlement, Parties hereby jointly request the Court to order that their Stipulated Request for Court Approval of Settlement Of Plaintiffs' Claims Under the California Labor Code Private Attorney General's Act be sealed.

TIPULATION TO FILE UNDER SEAL

Case No. C 08 03814 JW

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Dated: March 26, 2010

By_/s/ Adam Wang____________________ ADAM WANG Attorneys for Plaintiffs By: /s/ Sejal Thakkar
Sejal Thakkar

Dated: March 26, 2010

Attorney for Defendants

ORDER IT IS HEREBY ORDERED, based upon good cause appearing, that the Stipulated Request for Court Approval of Settlement of Claims under California Labor Code Private Attorney General's Act be filed under seal. IT IS SO ORDERED.

Dated: March 31, 2010 2010_ March/April ___,

________________________________ HON. JAMES WARE United States District Court Judge

TIPULATION TO FILE UNDER SEAL

Case No. C 08 03814 JW

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