Moua v. International Business Machines Corporation et al

Filing 129

ORDER GRANTING 125 STIPULATION WITH PROPOSED ORDER Dismissing With Prejudice Plaintiff's Claims on Behalf of PAGA Member Linda Benson filed by International Business Machines Corporation. Signed by Judge Edward J. Davila on 3/28/2013. (ecg, COURT STAFF) (Filed on 3/28/2013)

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Aaron L. Agenbroad (State Bar No. 242613)
Catherine Nasser (State Bar No. 246191)
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Matthew W. Lampe (admitted pro hac vice)
[e-mail]
Wendy C. Butler (admitted pro hac vice)
[e-mail]
JONES DAY
222 East 41st Street
New York, NY 10017
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MAY MOUA, individually and on behalf of
other former and current employees, and
for the interest of the general public,

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Plaintiffs,

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v.

Case No. C 10-01070 EJD
STIPULATION AND [PROPOSED]
XXXXXXXX
ORDER DISMISSING WITH
PREJUDICE PLAINTIFF’S CLAIMS
ON BEHALF OF PAGA MEMBER
LINDA BENSON

INTERNATIONAL BUSINESS
MACHINES CORPORATION, a
California Business Entity, form unknown,
JOSEPH KOENIG, an Individual,
VENKATASUBRAMANIAM IYER, an
Individual, and DOES 1-199,
Defendants.

WHEREAS, Plaintiff May Moua (“Moua”) asserts non-class representative claims under
California’s Private Attorneys General Act (“PAGA”) on behalf of a number of individuals
identified in the Second Amended Complaint and attached Exhibits, including Linda Benson;

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Stipulation Dismissing with Prejudice
Plaintiff’s Claims on Behalf of Benson

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CASE No. C 10-01070 EJD

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WHEREAS, the time frame relevant to Plaintiff’s PAGA claims is December 9, 2008 to
present;
WHEREAS, in November 2012, Defendants informed Plaintiff that Ms. Benson went on

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leave prior to December 9, 2008 and remained on leave up through the date her employment with

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Defendant International Business Machines Corporation terminated;

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WHEREAS, Plaintiff’s counsel confirmed through direct discussions with Ms. Benson
that she was on leave and/or not employed by IBM during the relevant time period;
WHEREAS, based upon the foregoing, Plaintiff has decided not to pursue claims on
behalf of Linda Benson;

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NOW, THEREFORE, Moua and Defendants stipulate as follows:

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1.

Moua’s claims on behalf of Linda Benson are hereby dismissed with prejudice

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pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The parties shall bear their own costs

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and attorneys’ fees associated with Moua’s pursuit of claims on behalf of Linda Benson.

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2.

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this stipulation.

The parties agree that Ms. Benson is not a party in this matter and does not join in

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Dated: March 27, 2013

Dated: March 27, 2013

_________
By: /s/Matthew Lampe
Matthew W. Lampe
JONES DAY
222 East 41st Street
New York, New York 10017-6702
Telephone: [phone]
Facsimile: 212-755-7306
Attorneys for Defendants

By:/s/Alan Bayer
Alan B. Bayer
BAYER & BORLASE
912 Cole Street, #238
San Francisco, CA 94117
Telephone: [phone]
Facsimile: 415-558-9970
Attorneys for Plaintiff

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___

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PURSUANT TO STIPULATION, IT IS
SO ORDERED:

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Date:

3/28/2013
__________________

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_______________________________
EDWARD DAVILA
UNITED STATES DISTRICT JUDGE

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Stipulation Dismissing with Prejudice
Plaintiff’s Claims on Behalf of Benson

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CASE No. C 10-01070 EJD