STIPULATED DISMISSAL OF LA VINA CONTRACTING, INC. AND ORDER TRANSFERRING CASE FOR PURPOSES OF SETTLEMENT

(Doc. 30)

JENNIFER L. THURSTON, Magistrate Judge.

The named parties, except for La Vina Contracting, Inc. ("La Vina"), have negotiated the terms for settlement of both this matter ("Paniagua") and the matter of Arredondo et al. v. Delano Farms Co. et al. (Case No. 1:09-cv-01247-MJS) ("Arredondo") and are preparing a stipulation of settlement for preliminary approval ("Settlement"). For the sole purpose of effectuating the Settlement, the undersigned hereby stipulate as follows:

1. Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), La Vina shall be dismissed from the Paniagua action without prejudice and without an award of attorneys' fees or costs to any party. The undersigned stipulate that any applicable statute of limitations to the claims asserted in the Paniagua Complaint against the parties represented by the undersigned counsel (ECF No. 2) shall be deemed tolled from the date of the filing of the Paniagua action until the Settlement Agreement is terminated, fails to become effective or actually becomes effective. Should the Settlement Agreement fail to become effective for any reason, the parties may resume their litigation positions that existed as of August 24, 2016.

2. Paniagua is related to the Arredondo action under Local Court Rule 123(a)(4), and this Court may enter an order transferring Paniagua to Magistrate Judge Michael J. Seng because "it would entail substantial duplication of labor if the actions were heard by different Judges or Magistrate Judges."

3. The parties also have executed and filed a consent to have Magistrate Judge Seng conduct all further proceedings in Paniagua, to take effect once this order is executed and La Vina is dismissed from Paniagua and the Paniagua case is transferred.

4. In light of the filing of Plaintiffs' Motion for Certification and Preliminary Approval of the Joint Stipulation of Settlement of Class Actions in the Arredondo action, the parties request that the Court strike the status conference re: settlement on December 2, 2016, and the November 23, 2016 deadline for filing a joint report.

SO STIPULATED:

ORDER

Based upon the stipulation of counsel to resolve this case at the same time as the related case and in light of Judge Seng's extensive involvement facilitating that settlement, the Court ORDERS:

1. The case is reassigned to Judge Seng and it is renumbered 16:cv-00907 DAD MJS1.

IT IS SO ORDERED.