Gonzalez v. Nor-Cal Insulation, Inc., et al

Filing 13

ORDER TO SHOW CAUSE. The parties must file its response to this Order within 14 days. Defendants to file a consent or declination form by 6/24/2015. Case Management Conference set for 7/8/2015 10:00 AM in Courtroom 7, 4th Floor, San Jose. Parties must file case management statement by 7/1/2015. Signed by Judge Nathanael Cousins on 6/18/2015. (lmh, COURT STAFF) (Filed on 6/18/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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YONATHAN I. GONZALEZ,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 15-cv-00793 NC
ORDER TO SHOW CAUSE

v.

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NOR-CAL INSULATION, INC.; LUIS
RAMOS BERMUDEZ; JOSE
GUADALUPE LUCATERO,

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Re: Dkt. No. 12

Defendants.

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Plaintiff Yonathan Gonzalez moves to dismiss with prejudice this wage and hour

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case brought under the Fair Labor Standards Act and the California Labor Code. Gonzalez

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states that he settled this matter with defendants and that the parties signed a settlement

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agreement. Dkt. No. 12 at 2. Settlements of FLSA claims, however, require approval

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from the Court or the Secretary of Labor. Luo v. Zynga Inc., No. 13-cv-00186 NC, Dkt.

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No. 34, 2014 WL 457742, at *2 (N.D. Cal. Jan. 31, 2014) (“A district court presented with

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a proposed settlement of FLSA claims must determine whether the settlement is a fair and

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reasonable resolution of a bona fide dispute.”) (internal quotation marks and citation

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omitted).

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Accordingly, the parties are ordered to produce the settlement agreement and show

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cause why the Court should approve the settlement agreement and dismiss the case. The

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parties are further ordered either to file the settlement agreement publicly or else to show

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cause why the settlement agreement should be filed under seal under Civil Local Rule

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79-5. The parties must file its response to this Order within 14 days.
Case No.: 15-cv-00793 NC

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Additionally, this Court ordered defendants to file a consent or declination to

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proceed before a magistrate judge by June 17, 2015. Dkt. No. 10. Defendants have not

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done so. The Court orders defendants to file a consent or declination form by June 24.

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Finally, the Court continues the case management conference, currently scheduled

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for June 24, 2015, to July 8, 2015, at 10:00 a.m. in Courtroom 7, 4th Floor, at the San Jose

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Courthouse. The parties must file a case management statement by July 1, 2015.

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IT IS SO ORDERED.
Dated: June 18, 2015

_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

Case No.: 15-cv-00793 NC

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United States District Court
Northern District of California

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