De Leon et al v. Mastria Incorporated et al

Filing 51

ORDER GRANTING 48 MOTION TO DISMISS. The Clerk shall close this file. Signed by Judge Edward J. Davila on 7/18/2018. (ejdlc2S, COURT STAFF) (Filed on 7/18/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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HECTOR DE LEON, et al.,

Case No. 5:17-cv-00626-EJD

Plaintiffs,
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ORDER GRANTING MOTION TO
DISMISS

v.
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Re: Dkt. No. 48

MASTRIA INCORPORATED, et al.,

United States District Court
Northern District of California

Defendants.
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Plaintiffs brought the instant lawsuit against Defendants, alleging that Defendants failed to

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pay them overtime pay in violation of the Fair Labor and Standards Act (“FLSA”), 29 U.S.C.

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§ 201 et seq. and various state law provisions. Dkt. No. 9. Presently before the Court is a motion

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to dismiss filed by Plaintiffs seeking dismissal of their claim under FLSA. Dkt. No. 48.

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Defendants do not oppose this motion. Dkt. No. 50.

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“[A] litigant may abandon a claim by communicating his desire to do so to the district

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court.” Pitts v. Terrible Herbst, Inc., 653 F.3d 1081, 1094 (9th Cir. 2011). At the same time,

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FLSA’s provisions are mandatory and “FLSA rights cannot be abridged by contract or otherwise

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waived because this would ‘nullify the purposes’ of the statute.” Barrentine v. Arkansas-Best

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Freight Sys., Inc., 450 U.S. 728, 740, 101 S. Ct. 1437, 1445 (1981). Accordingly, in light of the

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parties’ apparent agreement but mindful of the mandatory nature of FLSA, the Court will

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DISMISS Plaintiff’s FLSA claim WITHOUT PREJUDICE.

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A district court may decline to exercise supplemental jurisdiction over a claim if the

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district court has dismissed all claims over which it has original jurisdiction. 28 U.S.C.

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Case No.: 5:17-cv-00626-EJD
ORDER GRANTING MOTION TO DISMISS
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§ 1367(c)(3). Having dismissed Plaintiffs’ only federal law claim, the Court declines to exercise

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supplemental jurisdiction over Plaintiffs’ remaining state law claims. These claims are

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DISMISSED WITHOUT PREJUDICE.

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The Clerk shall close this file.

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IT IS SO ORDERED.

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Dated: July 18, 2018
______________________________________
EDWARD J. DAVILA
United States District Judge

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United States District Court
Northern District of California

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Case No.: 5:17-cv-00626-EJD
ORDER GRANTING MOTION TO DISMISS
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