Flores et al v. Genasci et al

Filing 25

STIPULATION and ORDER DISMISSING CASE signed by Chief Judge Anthony W. Ishii on 6/2/2011. CASE CLOSED. (Jessen, A)

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1 8 Stan S. Mallison, (SBN 184191) Hector R. Martinez (SBN 206336) Marco A. Palau (SBN 242340) Jessica Juarez (SBN 269600) Joseph Sutton (SBN 269951) MALLISON & MARTINEZ 1939 Harrison Street, Suite 730 Oakland, CA 94612 Telephone: (510) 832-9999 Facsimile: (510) 832-1101 stanm@TheMMLawFirm.com hectorm@TheMMLawFirm.com mpalau@TheMMLawFirm.com 9 Attorneys for PLAINTIFFS 2 3 4 5 6 7 10 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION 13 14 15 RIGOBERTO FLORES, JUAN FLORES, ELADIO Case No. 1:09-cv-01618-AWI-GSA FLORES and JOEL VERDUGO on behalf of themselves, the State of California and all current Stipulation and Order of Dismissal and former employees of DEFENDANTS, 16 17 Plaintiffs, vs. 18 19 20 EDWIN GENASCI, GENASCI RANCH, LP and GENASCI DAIRY, INC., A California Corporation, 21 Defendants. 22 23 24 25 IT IS HEREBY STIPULATED by and between the parties named herein, through their respective counsel, that: 26 27 28 29 30 Stipulation and Order of Dismissal Case No. 1:09-cv-01618-AWI-GSA 1 2 3 The parties have executed a settlement agreement resolving all claims of all parties in the case. Pursuant to FCRP 41, it is hereby stipulated that the above entitled action be dismissed with prejudice. Each party to bear their costs except as provided by the settlement agreement. 4 As part of the settlement, Defendants have agreed to pay plaintiffs a negotiated gross sum to 5 6 resolve this matter, and have agreed not to oppose approval of the settlement. The settlement gives 7 Plaintiffs sole discretion to allocate distribution to all of those who may be entitled to a portion of 8 the amount paid, including but not limited to the California Workforce Development Agency. 9 Plaintiffs have determined that a payment of $1900 from the settlement funds is to be paid to the 10 11 California Labor & Workforce Development Agency. A condition of the settlement and this dismissal is that this court approve this payment. 12 Defendants do not oppose approval of this settlement. 13 14 15 16 Dated: May 24, 2011 17 MALLISON & MARTINEZ /s/ Marco A. Palau Marco A. Palau Attorneys for Plaintiffs 18 19 20 Dated: May 24, 2011 21 22 McCORMICK, BARSTOW, SHEPPARD WAYTE & CARRUTH /s/Anthony Raimondo Attorneys for Defendant 23 24 25 26 27 28 29 30 Stipulation and Order of Dismissal Case No. 1:09-cv-01618-AWI-GSA 1 2 ORDER 3 4 Pursuant to the parties’ stipulation and good cause shown, the Court hereby ORDERS as follows: 5 6 1. The Court dismisses all claims with prejudice; 7 2. The Court approves the payment of $1900 payment to the California Labor & 8 Workforce Development Agency; 9 10 11 12 IT IS SO ORDERED. 13 Dated: June 2, 2011 CHIEF UNITED STATES DISTRICT JUDGE 14 15 DEAC_Signature-END: 0m8i788 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Stipulation and Order of Dismissal Case No. 1:09-cv-01618-AWI-GSA

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