Matsumura v. The Fremont-Rideout Health Group et al
Filing
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STIPULATION AND ORDER signed by Judge Morrison C. England, Jr on 6/9/11. Action DISMISSED in its entirety. CASE CLOSED. (Meuleman, A)
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SEYFARTH SHAW LLP
Alfred L. Sanderson, Jr. (SBN 186071)
Email: asanderson@seyfarth.com
Brandon R. McKelvey (SBN 217002)
Email: bmckelvey@seyfarth.com
Anthony J. Musante (State Bar No.(SBN 252097)
Email: amusante@seyfarth.com
400 Capitol Mall, Suite 2350
Sacramento, California 95814-4428
Telephone: (916) 448-0159
Facsimile: (916) 558-4839
Attorneys for Defendant
RIDEOUT MEMORIAL HOSPITAL erroneously sued as
FREMONT-RIDEOUT HEALTH GROUP,
a non-profit corporation
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HARRIS & RUBLE
Alan Harris (SBN 146079)
Matthew Kavanaugh (SBN 239961)
6424 Santa Monica Blvd.
Los Angeles, CA 90038
Telephone: (323) 962-3777
Facsimile: (323) 962-3004
Email: law@harrisandruble.com
Attorneys for Plaintiff
SANDRA MATSUMURA
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SANDRA MATSUMURA, individually and )
on behalf of all others similarly situated,
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Plaintiffs,
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v.
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FREMONT-RIDEOUT HEALTH GROUP, )
etc., et al.,
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Defendant.
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Case No. 2:09-CV-01835-MCE-DAD
STIPULATION AND ORDER TO DISMISS
ACTION WITH PREJUDICE PURSUANT
TO FRCP 41a(1)(A)(ii)
Complaint Filed: July 2, 2009
Trial Date: TBD
Judge: Morrison C. England, Jr.
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STIPULATION AND [PROPOSED] ORDER TO DISMISS ACTION
13244946v.1
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WHEREAS, Plaintiff Sandra Matsumura (“Plaintiff”) and Defendant Rideout Memorial
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Hospital (“Defendant”) (jointly as “Parties”), through a stipulation and Order dated April 16,
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2010, dismissed the Fremont-Rideout Health Group as a Defendant in this action and struck a
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number of allegations, including class allegations, from the Second Amended Complaint.
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WHEREAS, the Parties are of the opinion that the only remaining class issue, under the
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Sixth Claim for Relief arising from the wage statements issued by Defendant, does not satisfy the
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criteria for certifying a class action pursuant to Federal Rules of Civil Procedure Rule 23.
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WHEREAS, Plaintiff has resolved her individual claims against Defendant.
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NOW, THEREFORE IT IS STIPULATED AS FOLLOWS:
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This action is settled in its entirety. Plaintiff hereby dismisses the action with prejudice,
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subject to the terms of the settlement agreement entered by and between the Parties. All Parties
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are to bear their own attorneys’ fees and costs.
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SO STIPULATED
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DATED: June 7, 2011
SEYFARTH SHAW LLP
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By
/s/ Brandon R. McKelvey
Alfred L. Sanderson, Jr.
Brandon R. McKelvey
Anthony J. Musante
Attorneys for Defendant
RIDEOUT MEMORIAL HOSPITAL
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DATED: June 7, 2011
HARRIS & RUBLE
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By
/s/ Alan Harris
Alan Harris
Matthew E. Kavanaugh
Attorneys for Plaintiff
SANDRA MATSUMURA
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STIPULATION AND [PROPOSED] ORDER TO DISMISS ACTION
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IT IS SO ORDERED. The matter having been dismissed in its entirety, the Clerk of
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Court is directed to close the file.
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Date: June 9, 2011
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__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE
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DEAC_Signature-END:
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STIPULATION AND [PROPOSED] ORDER TO DISMISS ACTION
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