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ESPINOZA v. COUNTY OF FRESNO, 1:07-CV-01145-OWW-SMS. (2013)

Court: District Court, E.D. California Number: infdco20130417859 Visitors: 2
Filed: Apr. 16, 2013
Latest Update: Apr. 16, 2013
Summary: STIPULATION AND ORDER TOLLING STATUTES OF LIMITATION FOR FILING ACTIONS SANDRA M. SNYDER, Magistrate Judge. WHEREAS, on March 25, 2013 this Court issued an Order granting Defendant's Motion for Decertification of Collective Action; and WHEREAS, pursuant to that Order the Court ordered that, with the exception of the four lead ("named") Plaintiffs in the action all other Plaintiffs' claims were severed from the action and dismissed without prejudice subject to each Plaintiff filing a separate
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STIPULATION AND ORDER TOLLING STATUTES OF LIMITATION FOR FILING ACTIONS

SANDRA M. SNYDER, Magistrate Judge.

WHEREAS, on March 25, 2013 this Court issued an Order granting Defendant's Motion for Decertification of Collective Action; and

WHEREAS, pursuant to that Order the Court ordered that, with the exception of the four lead ("named") Plaintiffs in the action all other Plaintiffs' claims were severed from the action and dismissed without prejudice subject to each Plaintiff filing a separate action for his or her claims; and

WHEREAS, the Order has the effect of severing and dismissing the claims of over 200 Plaintiffs; and

WHEREAS, the Court tolled any applicable statutes of limitation for thirty (30) days after the date of entry of the Order; and

WHEREAS, to facilitate ability of the Plaintiffs to timely file individual actions pursuant to the terms of that Order it is hereby stipulated and agreed to by the parties as follows:

1. That any applicable statutes of limitation relating to the filing of the separate actions by the dismissed Plaintiffs as described in the Court's March 25, 2013 Order granting Defendant's Motion for Decertification of Collective Action, be and are extended from thirty (30) to sixty (60) days from date of entry of the Order (March 25, 2013).

I hereby agree to the terms of the above Stipulation.

ORDER

The parties having stipulated, it is ordered that any applicable statutes of limitation relating to the filing of individual actions by the opt-in Plaintiffs pursuant to the Court's Order granting Defendant's Motion for Decertification of Collective Action dated March 25, 2013 are hereby tolled for sixty (60) days from the date of entry of that Order.

Source:  Leagle

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