Serrano v. Cintas Corporation

Filing 586

Stipulation and Order of Dismissal of Individual Claims of Jose Picorelli Pursuant to Fed R. Civ.P.41(a)(1)(ii) in the Matter of Avalos v. Cintas Corp. Signed by District Judge Sean F Cox. Associated Cases: 2:04-cv-40132-SFC-DAS, 2:06-cv-12311-SFC-DAS (JCre)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MIRNA E. SERRANO, et al., individually and on behalf of all others similarly situated, Plaintiffs, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, vs. Plaintiff-Intervenor, Case No. 04-CV-40132 Honorable Judge Sean F. Cox

CINTAS CORP., an Ohio Corporation, Defendant. consolidated for pre-trial proceedings with: BLANCA NELLY AVALOS, et al., individually and on behalf of all others similarly situated, Plaintiffs, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Intervenor, vs. CINTAS CORPORATION, an Ohio Corporation Defendant.

STIPULATION AND ORDER OF DISMISSAL OF INDIVIDUAL CLAIMS OF JOSE PICORELLI PURSUANT TO FED.R.CIV.P. 41(a)(1)(ii) IN THE MATTER OF AVALOS V. CINTAS CORP.

Case No. 06-CV-12311

WHEREAS, on August 28, 2008, Plaintiffs' counsel, Miner Barnhill & Galland and Goldstein, Demchak, Baller, Borgen & Dardarian, filed a Motion to Withdraw As Counsel for Plaintiff Jose Picorelli ("Motion to Withdraw") based on Plaintiff Picorelli's failure to schedule his deposition and to respond to repeated telephonic and written request to contact plaintiffs' counsel. (Dkt. 328.) WHEREAS, on August 28, 2008, Defendant filed a Statement of Non-opposition to the Motion to Withdraw. (Dkt 329.) WHEREAS, on October 28, 2008, the Court issued a Notice of Hearing, notifying the parties that a hearing on the Motion to Withdraw was scheduled for November 20, 2008, and that Plaintiff Picorelli's presence was required. (Dkt 402.) WHEREAS, on October 30, 2008, Plaintiffs' counsel served a copy of the Court's Notice of Hearing on Plaintiff Picorelli. WHEREAS, on November 3, 2008, Plaintiff Picorelli contacted Plaintiffs' counsel and advised them that he wished to withdraw as a named plaintiff in this action. WHEREAS, Plaintiffs' counsel has filed a Notice of Withdrawal of Motion of Miner, Barnhill & Galland and Goldstein, Demchak, Baller, Borgen & Dardarian To Withdraw As Counsel For Plaintiff Jose Picorelli (Dkt. 420).

IT IS THEREFORE STIPULATED by and between the parties in the action of Avalos v. Cintas Corp., Case No. 06-CV-12311, through their designated counsel, that the individual claims of Plaintiff Jose Picorelli be and they hereby are dismissed without prejudice pursuant to Fed.R.Civ. P. 41(a)(1)(ii). Defendant hereby agrees to waive any costs associated with Plaintiff Picorelli's individual claim.

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Dated: November 14, 2008

Respectfully submitted, By: /s/ Heather M. Mills Morris J. Baller (CA SB #048928) [e-mail] Roberta L. Steele (CA SB #188198) [e-mail] Heather M. Mills (CA SB # 215293) [e-mail] Goldstein, Demchak, Baller, Borgen & Dardarian 300 Lakeside Drive, Suite 1000 Oakland, CA 94612-3534 [phone] (telephone) [phone] (facsimile) Sarah E. Siskind (WI SB #1004902) [e-mail] MINER, BARNHILL & GALLAND 44 E. Mifflin St., Suite 803 Madison, WI 53703 [phone] (telephone) [phone] (facsimile) Judd Miner (IL SB #1925237) [e-mail] Scott A. Entin (IL SB #6281347) [e-mail] MINER, BARNHILL & GALLAND 14 W. Erie Street Chicago, IL 60610 [phone] (telephone) [phone] (facsimile) ATTORNEYS FOR AVALOS PLAINTIFFS

By: /s/Nancy L. Abell Nancy L. Abell (CA SB #88785) [e-mail]

Heather A. Morgan (CA SB #177425) [e-mail] PAUL, HASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street, Twenty-Fifth Floor Los Angeles, CA 90071-2228 Telephone: [phone] Facsimile: [phone]

ATTORNEYS FOR DEFENDANT CINTAS CORPORATION

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ORDER The Court has considered the above Stipulation, and hereby finds that the parties have stipulated to the voluntary dismissal of the individual claims of Plaintiff Jose Picorelli without prejudice pursuant to FED.R.CIV.P. 41(a)(1)(ii).

It is therefore ORDERED that: 1. The individual claims of Plaintiff Jose Picorelli are hereby dismissed without prejudice. 2. Defendant has waived any costs associated with Plaintiff Picorelli's individual claims. IT IS SO ORDERED. Dated: December 8, 2008 s/ Sean F. Cox HONORABLE JUDGE SEAN F. COX UNITED STATES DISTRICT COURT JUDGE

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