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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1 2 3 4 5 6 7 8 9 10 11 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: (415) 626-3939 Facsimile: (415) 875-5700 Email: Matthew W. Lampe (admitted pro hac vice) Wendy C. Butler (admitted pro hac vice) JONES DAY 222 East 41st Street New York, NY 10017 Telephone: (212) 326-3939 Facsimile: (212) 755-7306 Attorneys for Defendants 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 16 MAY MOUA, individually and on behalf of other former and current employees, and for the interest of the general public, 17 Plaintiffs, 15 18 19 20 21 22 23 24 25 26 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; 27 28 Stipulation Dismissing with Prejudice Plaintiff’s Claims on Behalf of Benson -i- CASE No. C 10-01070 EJD 1 2 3 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 4 leave prior to December 9, 2008 and remained on leave up through the date her employment with 5 Defendant International Business Machines Corporation terminated; 6 7 8 9 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; 10 NOW, THEREFORE, Moua and Defendants stipulate as follows: 11 1. Moua’s claims on behalf of Linda Benson are hereby dismissed with prejudice 12 pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The parties shall bear their own costs 13 and attorneys’ fees associated with Moua’s pursuit of claims on behalf of Linda Benson. 14 2. 15 this stipulation. The parties agree that Ms. Benson is not a party in this matter and does not join in 16 17 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: 212-326-3939 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: 415-558-9960 Facsimile: 415-558-9970 Attorneys for Plaintiff 18 19 20 21 22 ___ 23 24 PURSUANT TO STIPULATION, IT IS SO ORDERED: 25 Date: 3/28/2013 __________________ 26 _______________________________ EDWARD DAVILA UNITED STATES DISTRICT JUDGE 27 28 Stipulation Dismissing with Prejudice Plaintiff’s Claims on Behalf of Benson - ii - CASE No. C 10-01070 EJD

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