Garcia v. High Flying Foods

Filing 29

ORDER Granting Joint 28 Motion of Dismissal. Signed by Judge Gonzalo P. Curiel on 10/20/16. (All non-registered users served via U.S. Mail Service)(dlg)

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UNITED STATES DISTRICT COURT

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FOR THE SOUTHERN DISTRICT OF CALIFORNIA

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OLIVIA GARCIA, Regional Director )
of Region 21 of the National Labor )
Relations Board, for and on behalf of )
the NATIONAL LABOR
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RELATIONS BOARD,
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Petitioner,
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v.
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HIGH FLYING FOODS,
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Respondent.
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Case No. 15CV0039-GPC(JLB)
ORDER GRANTING JOINT
MOTION/STIPULATION OF
DISMISSAL
Judge: Hon. Gonzalo P. Curiel
Courtroom: 2D
No hearing requested or required

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15cv0039-GPC(JLB)

Background
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1. On January 8, 2015, Petitioner Olivia Garcia, Regional Director of

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Region 21 of the National Labor Relations Board (NLRB), for and on behalf of the
NLRB, petitioned the Court for a temporary injunction in this matter under 29
U.S.C. Sec. 160(j), pending final determination of the charges filed with the
NLRB by UNITE HERE! Local 30 (Union), against High Flying Foods
(Respondent).
2. On February 12, 2015, the Court: (a) issued its Order granting the

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petition (in part) for temporary injunction, and also (b) issued the temporary

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injunction. The Court’s Order is reported at 2015 WL 773054 (S.D. Cal. 2015).

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3. On September 30, 2016, the NLRB issued its Order on the unfair

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labor practice complaint underlying the petition for injunction, adopting the

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findings and conclusions of the Administrative Law Judge as contained in his

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Decision.
4. The issuance of the NLRB’s Order renders the injunction proceeding

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moot. Johansen ex rel. NLRB v. Queen Mary Restaurant Corp., 522 F.2d 6 (9th

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Cir. 1975). Accordingly, and pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules

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of Civil Procedure, on October 19, 2016, the parties filed a Joint

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Motion/Stipulation of Dismissal of this action with the Court.
5. Pursuant to Section 2(f)(4) of the Electronic Case Filing

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Administrative Policies and Procedures Manual of the Southern District of

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California, the parties’ Joint Motion/Stipulation of Dismissal was filed as a joint

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motion, as it is subject to the Court’s approval.

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15cv0039-GPC(JLB)

Court approval
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Based on the above, the Court hereby issues this Order approving the Joint
Motion/Stipulation of Dismissal, under the terms as set forth in the Joint
Motion/Stipulation of Dismissal.
IT IS SO ORDERED.
Dated: October 20, 2016

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15cv0039-GPC(JLB)