JOINT STIPULATION AND
[PROPOSED] ORDER REQUESTING DISMISSAL OF ACTION PURSUANT TO FEDERAL CIVIL RULE 41(a)(2) WITH PREJUDICE
KANDIS A. WESTMORE, Magistrate Judge.
Plaintiffs Gerald Johnson, Maisha Grochowski, Steven Aguilar, and Hector Portillo, and Defendant Compass Group, Inc., by and through undersigned counsel, stipulate to and jointly request the Court dismiss the instant matter with prejudice based on the following facts below:.
Procedural History and Prior Extensions.
Plaintiffs are former employees of Defendant who filed this action on June 20, 2017 (ECF No. 1) as a putative class action alleging various violations of the California Labor Code, including the failure to provide meal and rest breaks and pay minimum wages and overtime. Plaintiffs' Complaint was served on June 26, 2017. Shortly thereafter counsel for Defendant alerted Plaintiffs to a related case pending in the Superior Court of Riverside County, California, Romero, et al., v. Compass Group, USA, Inc., Case No. CIVDS1512026 (the "Romero Action"). ECF No. 7.
A class action settlement was preliminarily approved in the Romero Action after Plaintiffs' Complaint was filed in which Plaintiffs are all putative class members. Plaintiffs received their class notices and elected not to opt-out of the Agreement in the Romero Action. Final approval of the class action settlement agreement in the Romero Action was ordered by the San Bernardino Superior Court on Tuesday October 3, 2017. The claims released in the Romero Action overlap all class claims made by Plaintiffs in the subject litigation.
The Parties have agreed that the subject litigation may be dismissed pursuant to Federal Rule of Civil Procedure 41(a)(2) with prejudice with the parties to bear their own fees and costs.
PURSUANT TO STIPULATION,
The subject litigation is hereby dismissed with prejudice. The Court directs the Clerk to close the case file.