Wagstaff v. LifeSafer of Northern California, 5:15-cv-00484 NC. (2015)
Court: District Court, N.D. California
Number: infdco20150724871
Filed: Jul. 23, 2015
Latest Update: Jul. 23, 2015
Summary: ORDER TO DISMISS THE CONSENT PLAINTIFFS' CLAIMS AGAINST ALL DEFENDANTS NATHANAEL COUSINS , Magistrate Judge . For all the reasons set forth and discussed in the parties' stipulation on this matter, it is HEREBY ORDERED: 1. All claims asserted by Plaintiffs Byron L. Schaefer, Deshia Marie Leveque, Daniel Simmons, and Clinton G. Forman (collectively "the Consent Plaintiffs") in this action against Defendant LifeSafer of Northern California are DISMISSED for lack of standing. This dismissal s
Summary: ORDER TO DISMISS THE CONSENT PLAINTIFFS' CLAIMS AGAINST ALL DEFENDANTS NATHANAEL COUSINS , Magistrate Judge . For all the reasons set forth and discussed in the parties' stipulation on this matter, it is HEREBY ORDERED: 1. All claims asserted by Plaintiffs Byron L. Schaefer, Deshia Marie Leveque, Daniel Simmons, and Clinton G. Forman (collectively "the Consent Plaintiffs") in this action against Defendant LifeSafer of Northern California are DISMISSED for lack of standing. This dismissal sh..
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ORDER TO DISMISS THE CONSENT PLAINTIFFS' CLAIMS AGAINST ALL DEFENDANTS
NATHANAEL COUSINS, Magistrate Judge.
For all the reasons set forth and discussed in the parties' stipulation on this matter, it is HEREBY ORDERED:
1. All claims asserted by Plaintiffs Byron L. Schaefer, Deshia Marie Leveque, Daniel Simmons, and Clinton G. Forman (collectively "the Consent Plaintiffs") in this action against Defendant LifeSafer of Northern California are DISMISSED for lack of standing. This dismissal shall not pertain to any individual, including Plaintiff William Wagstaff, or entity not currently a named party and/or who have not submitted, as of the date of this order, a consent to join this action.
2. All claims asserted by the Consent Plaintiffs in this action against Defendant #1A LifeSafer of California, Inc. are DISMISSED for lack of standing. This dismissal shall not pertain to any individual or entity not currently a named party and/or who have not submitted, as of the date of this order, a consent to join this action.
3. All claims asserted by the Consent Plaintiffs in this action against Defendant #1A LifeSafer, Inc. ("#1A LifeSafer") are DISMISSED without prejudice.
4. The Consent Plaintiffs may re-file any action that they seek to pursue against #1A LifeSafer for alleged violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq., as asserted in this action, in the United States District Court for the Northern District of Florida.
5. To the extent the Consent Plaintiffs file a Complaint against #1A LifeSafer for any alleged violations of the FLSA asserted in this action in the United States District Court for the Northern District of Florida, those FLSA claims SHALL relate back to the respective dates each of the Consent Plaintiffs filed their Notice of Consent to join as a plaintiff in this action, as provided in Paragraph 6 below.
6. The statute of limitations for the FLSA claims asserted by the Consent Plaintiffs in this action against #1A LifeSafer SHALL be tolled from (a) the date of this order; and (b) the date the Consent Plaintiffs re-file any action in accordance with Paragraph 4 above, or September 1, 2015, whichever is earlier.
IT IS SO ORDERED.
Source: Leagle
