Filed: Aug. 10, 2018
Latest Update: Aug. 10, 2018
Summary: JOINT STIPULATION OF DISMISSAL, WITH PREJUDICE, OF DEFENDANT UNITED PARCEL SERVICE, INC., A DELAWARE CORPORATION, AND [PROPOSED] ORDER EDWARD M. CHEN , District Judge . WHEREAS, on May 29, 2018, Plaintiff filed a Class Action Complaint for wage and labor violations on behalf of herself and all others similarly-situated, current and former non-exempt employees of Defendants within the State of California who worked in a distribution center as a part time supervisor, or a position with
Summary: JOINT STIPULATION OF DISMISSAL, WITH PREJUDICE, OF DEFENDANT UNITED PARCEL SERVICE, INC., A DELAWARE CORPORATION, AND [PROPOSED] ORDER EDWARD M. CHEN , District Judge . WHEREAS, on May 29, 2018, Plaintiff filed a Class Action Complaint for wage and labor violations on behalf of herself and all others similarly-situated, current and former non-exempt employees of Defendants within the State of California who worked in a distribution center as a part time supervisor, or a position with s..
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JOINT STIPULATION OF DISMISSAL, WITH PREJUDICE, OF DEFENDANT UNITED PARCEL SERVICE, INC., A DELAWARE CORPORATION, AND [PROPOSED] ORDER
EDWARD M. CHEN, District Judge.
WHEREAS, on May 29, 2018, Plaintiff filed a Class Action Complaint for wage and labor violations on behalf of herself and all others similarly-situated, current and former non-exempt employees of Defendants within the State of California who worked in a distribution center as a part time supervisor, or a position with similar duties and/or job titles, at any point from May 29, 2014 to the present, and who suffered from violations arising out of Defendants failure to pay wages for all time worked and failure to provide timely and uninterrupted meal and rest periods.
WHEREAS, Plaintiff filed the Class Action Complaint against Defendants United Parcel Service Inc., (a Delaware Corporation); United Parcel Service Inc., (an Ohio Corporation); and DOES 1 through 10, inclusive.
WHEREAS, Defendant by and through its counsel of record, has disclosed and certified to Plaintiff that:
1. United Parcel Service Inc. (a Delaware Corporation) is a holding company with no employees;
2. United Parcel Service Inc. (a Delaware Corporation) issues stock to the public and there are no publicly held companies that own 10% or more of United Parcel Service, Inc's stock;
3. United Parcel Service Inc. (a Delaware Corporation) wholly owns United Parcel Service of America, Inc., which wholly owns UPS Worldwide Forwarding, Inc., which wholly owns United Parcel Service, Inc. (an Ohio Corporation).
4. United Parcel Service of America, Inc., UPS Worldwide Forwarding, Inc., and United Parcel Service, Inc. (an Ohio Corporation) do not issue stock to the public.
WHEREAS, after the above information has been disclosed and certified to Plaintiff and her counsels of record, it can be concluded that United Parcel Service, Inc. (a Delaware Corporation) is not the employer entity.
THEREFORE, the parties, by and through their counsels of record, hereby stipulate, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, to the dismissal, with prejudice, of any and all claims against Defendant United Parcel Service, Inc. (a Delaware Coiporation) in the above-captioned matter, with each party to bear their own attorneys' fees and costs incurred in this action, notwithstanding the provision of Federal Rule of Civil Procedure 54(d).
[PROPOSED] ORDER
IT IS SO ORDERED THAT THE STIPULATION IS APPROVED.
Having read and considered the foregoing stipulation, the Court hereby orders the dismissal, with prejudice, of any and all of Plaintiff's claims against Defendant United Parcel Service, Inc. (a Delaware Corporation). Each party will bear their own attorneys' fees and costs incurred in this action, notwithstanding the provision of Federal Rule of Civil Procedure 54(d).
