De Leon v. Checkpoint Technologies LLC

Filing 10

ORDER TO SHOW CAUSE Re: Dkt. No. 9 . The parties must file their response to this Order within 14 days. The Court orders De Leon and defendant Checkpoint Technologies to file a consent or declination form by 8/12/2015. Signed by Judge Nathanael Cousins on 8/5/2015. (lmh, COURT STAFF) (Filed on 8/5/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HONORATO DE LEON,
Plaintiff,

United States District Court
Northern District of California

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Case No.15-cv-02655-NC
ORDER TO SHOW CAUSE

v.

Re: Dkt. No. 9
CHECKPOINT TECHNOLOGIES LLC,
Defendant.

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Plaintiff Honorato De Leon filed a notice of settlement regarding this wage and

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hour case brought under the Fair Labor Standard Act, California state labor laws, and

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California’s Unfair Competition Law. Dkt. Nos. 9 (Notice of Settlement), 1 (Complaint).

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De Leon states that he settled this matter with defendants and that a request of dismissal

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will be filed within 30 days. Dkt. No. 9.

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Settlements of FLSA claims, however, require approval from the Court or the

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Secretary of Labor. Luo v. Zynga Inc., No. 13-cv-00186 NC, Dkt. No. 34, 2014 WL

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457742, at *2 (N.D. Cal. Jan. 31, 2014) (“A district court presented with a proposed

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

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resolution of a bona fide dispute.”) (internal quotation marks and citation 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
Case No.:15-cv-02655-NC

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cause why the settlement agreement should be filed under seal under Civil Local Rule 79-

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5. The parties must file their response to this Order within 14 days.

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Additionally, this Court ordered the parties to file a consent or declination to

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proceed before a magistrate judge by July 29, 2015. Dkt. No. 8. The parties have not done

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so. The Court orders De Leon and defendant Checkpoint Technologies to file a consent or

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declination form by August 12, 2015.

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IT IS SO ORDERED.

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Dated: August 5, 2015

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_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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United States District Court
Northern District of California

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Case No.:15-cv-02655-NC

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