Opinion
SEYFARTH SHAW LLP, Joshua A. Rodine, Los Angeles, California, SEYFARTH SHAW LLP, Justin T. Curley, Elizabeth J. MacGregor, San Francisco, California, Attorneys for Defendant DNC PARKS & RESORTS AT SEQUOIA, INC.
WAGNER, JONES, KOPFMAN & ARTENIAN LLP, Nicholas Wagner, Andrew B. Jones, Daniel Kopfman, Lawrence Artenian, Fresno, California, Attorneys for Plaintiffs MARTIN KORNDOBLER, et al.
JOINT STIPULATION TO STRIKE CALIFORNIA LABOR CODE SECTION 1194 OVERTIME ALLEGATIONS FROM SECOND AMENDED COMPLAINT; ORDER ON STIPULATION
LAWRENCE J. O'NEILL, District Judge.
On July 24, 2015, Defendant DNC PARKS & RESORTS AT SEQUOIA, INC. filed a Motion to Dismiss Plaintiffs' Overtime Claim Pursuant to Cal. Labor Code Section 1194; to Dismiss or Strike Plaintiffs' Allegations of Willfulness; and to Dismiss Plaintiffs' FLSA Claims as to Plaintiff Martin Korndobler. The Parties have since met and conferred on the issue of Plaintiffs' overtime claim pursuant to California Labor Code section 1194, as relates to Defendant's Motion, and agree that Plaintiffs will not seek any overtime pursuant to California Labor Code section 1194. As such, the Parties agree to strike paragraph 60 and the words "and overtime" and "overtime" from paragraphs 59 and 61-63 from the Second Amended Complaint ("SAC"). The Parties further stipulate and agree that Plaintiffs are not seeking the payment of overtime wages pursuant to California Labor Code section 1194 and are only seeking allegedly unpaid overtime wages pursuant to the FLSA.
[PROPOSED] ORDER
Pursuant to the joint stipulation of the Parties, it is hereby ordered that any claim for allegedly unpaid overtime wages that Plaintiffs may have pursued under California Labor Code section 1194 is dismissed from this action, with prejudice. The Court strikes all allegations related to unpaid overtime wages pursuant to California Labor Code section 1194 from Plaintiffs' Second Amended Complaint, including those agreed to by the Parties in their Joint Stipulation to Strike California Overtime Allegations Pursuant to Cal. Labor Code section 1194 From Second Amended Complaint. Plaintiffs' claims for allegedly unpaid overtime wages in this action are limited to those claims arising under the federal Fair Labor Standards Act (FLSA).
IT IS SO ORDERED.