Filed: May 22, 2019
Latest Update: May 22, 2019
Summary: JOINT STIPULATED REQUEST AND [PROPOSED] ORDER FOR DISMISSAL, WITH PREJUDICE, OR, IN THE ALTERNATIVE, TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT HAYWOOD S. GILLIAM, JR. , District Judge . Pursuant to Federal Rule of Civil Procedure 41(a), Plaintiff Ar'Maney Lewis ("Plaintiff") and Defendant ABB/CON-CISE Optical Group, LLC. ("ABB") (collectively, the "Parties"), by and through their respective undersigned counsel, hereby submit this Joint Stipulated Request and [Proposed] Order for Dis
Summary: JOINT STIPULATED REQUEST AND [PROPOSED] ORDER FOR DISMISSAL, WITH PREJUDICE, OR, IN THE ALTERNATIVE, TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT HAYWOOD S. GILLIAM, JR. , District Judge . Pursuant to Federal Rule of Civil Procedure 41(a), Plaintiff Ar'Maney Lewis ("Plaintiff") and Defendant ABB/CON-CISE Optical Group, LLC. ("ABB") (collectively, the "Parties"), by and through their respective undersigned counsel, hereby submit this Joint Stipulated Request and [Proposed] Order for Dism..
More
JOINT STIPULATED REQUEST AND [PROPOSED] ORDER FOR DISMISSAL, WITH PREJUDICE, OR, IN THE ALTERNATIVE, TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT
HAYWOOD S. GILLIAM, JR., District Judge.
Pursuant to Federal Rule of Civil Procedure 41(a), Plaintiff Ar'Maney Lewis ("Plaintiff") and Defendant ABB/CON-CISE Optical Group, LLC. ("ABB") (collectively, the "Parties"), by and through their respective undersigned counsel, hereby submit this Joint Stipulated Request and [Proposed] Order for Dismissal with Prejudice, or in the alternative, Order to Strike Portions of Plaintiff's Complaint, as described below, and stipulate and agree as follows:
WHEREAS, on February 28, 2019, Plaintiff filed a complaint against ABB in Alameda County Superior Court, Case No. RG19008874. Plaintiff asserted claims against ABB for alleged failure to pay regular, minimum, and overtime wages, failure to provide lawful meal and rest breaks, failure to reimburse for necessary business expenses, failure to provide accurate itemized wage statements, failure to pay timely wages under California Labor Code § 204, and failure to pay timely wages after separation. Plaintiff also sought to recover attorneys' fees and costs.
WHEREAS, on April 29, 2019, the ABB removed the case to federal court.
WHEREAS, on May 1, 2019, the Parties began meeting and conferring to discuss Plaintiff's Complaint and ultimately agreed that Plaintiff would dismiss and/or strike the following allegations from her Complaint:
• Allegations alleging violations for Labor Code § 204 claim for failure to timely pay wages during employment, including ¶¶ 33, 34; Plaintiff's Sixth Cause of Action ¶¶ 89-94; and Prayer For Relief, ¶¶ 35-38, of Plaintiff's Complaint;
• Alegations alleging violation of Labor Code § 1174(d) claim for failure to maintain and preserve records, including Plaintiff's Eight Cause of Action, ¶¶ 102-106 and Prayer For Relief, ¶¶ 44-47;
• Paragraph 57 of the Prayer for Relief.
WHEREAS, Plaintiff further stipulates that she is not alleging a violation of Labor Code § 203 claim premised on meal and rest break premiums.
IT IS THUS HEREBY STIPULATED THAT the following paragraphs are hereby stricken from Plaintiff's Complaint: paragraphs 33, 89-94, 101-106 and from the allegations in Plaintiff's Complaint and paragraphs 35-38, 44-47 and 57 of the Prayer for Relief in Plaintiff's Complaint. Additionally, Plaintiff stipulates that she is not alleging a violation of Labor Code § 203 premised on meal and rest break premiums.
IT IS HEREBY FURTHER STIPULATED that Plaintiff's Sixth and Eight causes of action are hereby dismissed.
IT IS HEREBY FURTHER STIPULATED that Plaintiff is not alleging a violation of Labor Code § 203 claim premised on meal and rest break premiums.
Dated: May 21, 2019 MORGAN, LEWIS & BOCKIUS LLP
By /s/Christopher J. Banks
Christopher J. Banks
Jacqueline Cookerly Aguilera
Karen Y. Cho
Maureen N. Beckley
Attorneys for Defendants
ABB/CON-CISE OPTICAL GROUP LLC
Dated: May 21, 2019 LAWYERS FOR JUSTICE, PC
By /s/Edwin Aiwazian
Edwin Aiwazian
Attorneys for Plaintiff
AR'MANEY LEWIS
[PROPOSED] ORDER
Based upon the Stipulation between the parties, and good cause appearing, Plaintiff Ar'Maney Lewis' Sixth and Eighth causes of action in her Complaint are hereby dismissed without prejudice or, in the alternative, stricken from Plaintiff's Complaint, and that the following paragraphs are hereby stricken from Plaintiff's Complaint: paragraphs 33, 89-94, 101-106 and from the allegations in Plaintiff's Complaint and paragraphs 35-38, 44-47 and 57 of the Prayer for Relief in Plaintiff's Complaint. Additionally, Plaintiff stipulates that she is not alleging a violation of Labor Code § 203 premised on meal and rest break premiums.
The Parties shall bear their own costs and fees associated with this stipulation.
IT IS SO ORDERED.
