Mendoza v. Fonseca McElroy Grinding Co. Inc. et al, No. 3:2015cv05143 - Document 53 (N.D. Cal. 2017)
Court Description: ORDER AND FINAL JUDGMENT. Signed by Judge William H. Orrick on 01/12/2017. (jmdS, COURT STAFF) (Filed on 1/12/2017)
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Mendoza v. Fonseca McElroy Grinding Co. Inc. et al Doc. 53 1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LEOPOLDO PENA MENDOZA, ELVIZ SANCHEZ AND JOSE ARMANDO CORTES, ) Case Number: 15-CV-05143-WHO ) ) ORDER AND FINAL JUDGMENT ) ) Plaintiff, ) ) HON. WILLIAM H. ORRICK v. ) ) FONSECA McELROY GRINDING CO. INC. ) ) and GRANITE ROCK COMPANY; ) ) Defendants. ) . ORDER AND FINAL JUDGMENT Based on the stipulation and good cause found, the Court hereby Orders Adjudicates and Decrees as Follows: Count Three of the First Amended Complaint is Dismissed with Prejudice as to all Defendants; As to Counts One, Two and Three, the parties have reached a resolution as to all claims other than those encompassed by this Court’s November 28, 2016 Order Granting Partial Summary Judgment, in favor of Defendant Granite Rock Company on Plaintiffs’ prevailing wage claims that lowbed transportation work hours are public work subject to California prevailing wage requirements pursuant to California Labor Code section 1720 et seq.. As a result, let a Judgment be entered on behalf of Defendant GRANITE ROCK COMPANY as against Plaintiffs LEOPOLDO PENA MENDOZA, ELVIZ SANCHEZ and JOSE {30234-11 00399837.DOCX 1 } Dockets.Justia.com 1 ARMANDO CORTES on Counts One, Two and Three of the First Amended Complaint as the 2 Court has found that prevailing wages are not owed for what is termed “lowbed mobilization” 3 and the parties have resolved all other disputes that fall outside the Court’s November 28, 2016 4 Order Granting Partial Summary Judgment. 5 6 IT IS SO ORDERED, ADJUDICATED AND DECREED. 7 8 9 Dated: January 12, 2017 10 WILLIAM H. ORRICK 11 UNITED STATES DISTRICT COURT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 {30234-11 00399837.DOCX 1 }
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