Dang v. Sutter's Place, Inc. et al

Filing 39

STIPULATION AND ORDER 38 of Dismissal of Defendant Unite Here! Local 19, Unite Here! Local 19 terminated. Signed by Judge Ronald M. Whyte on 9/22/10. (jg, COURT STAFF) (Filed on 9/22/2010)

Dang v. Sutter's Place, Inc. et al

Doc. 39

1 ANN A. NGUYEN [SBN. 178712] [e-mail] 2 ROBINSON & WOOD, INC. 227 N 1st Street 3 San Jose, California 95113 Telephone: [phone] Facsimile: [phone] 5 Attorneys for Plaintiff, CUC DANG Bruce Harland [SBN 230477] [e-mail] WEINBERG, ROGER & ROSENFELD 8 1001 Marina Village Parkway, Suite 200 Alameda, CA 94501-1091 [phone] 9 Telephone: Facsimile: [phone] 10 Attorneys for Defendant, UNITE HERE LOCAL 19 11 7
ROBINSON & WOOD, INC.

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*E-FILED - 9/22/10*

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ATTORNEYS AT LAW

13 14 15 16 17 CUC DANG, 18 19 vs. Plaintiff,

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

Case No. 10-CV-02181-RMW

20 SUTTER'S PLACE, INC., dba BAY 101 or BAY 101 CASINO, UNITE HERE LOCAL 21 19, and DOES 1 to 20, inclusive, 22 23 24 Defendants.

STIPULATION AND ORDER OF DISMISSAL OF DEFENDANT UNITE HERE! LOCAL 19

Complaint Filed: May 20, 2010 Trial Date: Jury Trial Demanded

Pursuant to F.R.C.P. Section 41(a)(1)(A)(ii), Plaintiff Cuc Dang ("Dang") and Defendant

25 Unite Here! Local 19 ("Local 19"), by and through their respective counsel, stipulate and agree as 26 follows: 27 WHEREAS, in her First Amended Complaint ("FAC") filed on June 25, 2010, Dang alleged

28 against Local 19 causes of action for breach of the duty of fair representation and for infliction of
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10-CV-02181-RMW STIPULATION AND ORDER OF DISMISSAL OF DEFENDANT UNITE HERE! LOCAL 19
Dockets.Justia.com

1 emotional distress, which arose from Local 19's processing of Dang's grievance arising from her 2 October, 2009 suspension by her employer, Sutter's Place Inc., dba Bay 101 ("Bay 101"); 3 WHEREAS, on September 2, 2010, the Court sustained Local 19's Motion to Dismiss the

4 FAC, finding preemption of the infliction of emotional distress claim and dismissing, with twenty 5 days leave to amend, the cause of action for breach of duty of fair representation; 6 WHEREAS, Dang agrees not to file a Second Amended Complaint against Local 19 in

7 exchange for Local 19's waiver of fees and costs; 8 WHEREAS, this Stipulation and Order of Dismissal does not include Local 19's processing of

9 Dang's grievance arising from her December, 2009 termination by Bay 101, which grievance was 10 arbitrated in August, 2010 and is currently pending; 11
ROBINSON & WOOD, INC.
ATTORNEYS AT LAW

NOW THEREFORE, IT IS HEREBY STIPULATED, by Dang and Local 19, by and through

12 their respective counsel, that the action as against Local 19 only (and not the action against Bay 101) 13 shall be dismissed with prejudice, with each party to bear its own costs and expenses, including 14 attorneys' fees. 15 16 Dated: September 15, 2010 17 18 19 20 21 22 Dated: ______________ 23 24 25 26 27 28
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ROBINSON & WOOD, INC.

By:

/s/ ANN A. NGUYEN Attorneys for Plaintiff, CUC DANG

WEINBERG, ROGER & ROSENFELD

By:

/s/ BRUCE HARLAND Attorneys for Defendant, UNITE HERE! LOCAL 19

STIPULATION AND ORDER OF DISMISSAL OF DEFENDANT UNITE HERE! LOCAL 19

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10-CV-02181-RMW

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ORDER PURSUANT TO THE PARTIES' STIPULATION SET FORTH ABOVE, IT IS HEREBY

3 ORDERED THAT the action as against Local 19 is hereby dismissed with prejudice. Dang and Local 4 19, with respect to each other, shall bear their own costs and expenses, including attorneys' fees. 5 IT IS SO ORDERED.

22 6 DATED: September ___, 2010 7 8 9 10 11
ROBINSON & WOOD, INC.

RONALD M. WHYTE United States District Judge

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ATTORNEYS AT LAW

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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STIPULATION AND ORDER OF DISMISSAL OF DEFENDANT UNITE HERE! LOCAL 19

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10-CV-02181-RMW