Opinion
Case No. C 07 2050 SC Case No. C 07 04012 SC
11-30-2011
MIGUEL A. CRUZ and JOHN D. HANSEN, individually and on behalf of all others similarly situated, Plaintiffs, v. DOLLAR TREE STORES, INC., Defendant. ROBERT RUNNINGS, individually, and on behalf of all others similarly situated, Plaintiff, v. DOLLAR TREE STORES, INC., Defendant.
Scott Edward Cole, Esq. (S.B. #160744) Molly A. DeSario, Esq. (S.B. #230763) SCOTT COLE & ASSOCIATES, APC Attorneys for Plaintiffs Miguel Cruz, John Hansen, and Robert Runnings MAUREEN E. MCCLAIN, Bar No. 62050 KRISTA STEVENSON JOHNSON, Bar No. 185241 MATTHEW P. VANDALL, Bar No. 196962 LITTLER MENDELSON Attorneys for Defendant DOLLAR TREE STORES, INC. BETH H1RSCH BERMAN, VA Bar No. 28091 WILLIAMS MULLEN A Professional Corporation Pro Hac Vice DOLLAR TREE STORES, INC.
Counsel of Record on Next Page
CONSOLIDATED ACTION
STIPULATION OF VOLUNTARY
DISMISSAL WITH PREJUDICE
CONCERNING ALL CLAIMS ASSERTED
BY PLAINTIFFS MIGUEL CRUZ, JOHN
HANSEN AND ROBERT RUNNINGS
Dept.: Crtrm. 1, 17th Floor
Judge: Hon. Samuel Conti
Trial Date: No Dates Set
Complaints Filed: April 11, 2007
July 6, 2007
Scott Edward Cole, Esq. (S.B. #160744)
Molly A. DeSario, Esq. (S.B. #230763)
SCOTT COLE & ASSOCIATES, APC
Attorneys for Plaintiffs Miguel Cruz, John Hansen,
and Robert Runnings
MAUREEN E. MCCLAIN, Bar No. 62050
KRISTA STEVENSON JOHNSON, Bar No. 185241
MATTHEW P. VANDALL, Bar No. 196962
LITTLER MENDELSON
Attorneys for Defendant
DOLLAR TREE STORES, INC.
BETH H1RSCH BERMAN, VA Bar No. 28091
WILLIAMS MULLEN
A Professional Corporation
Pro Hac Vice Attorneys for Defendant
DOLLAR TREE STORES, INC.
The parties jointly submit this Stipulation of Voluntary Dismissal With Prejudice Concerning All Claims Asserted By Plaintiffs Miguel Cruz, John Hansen and Robert Runnings:
WHEREAS, on April 11, 2007, Plaintiffs Miguel Cruz and John Hansen (hereinafter respectively referred to as "Plaintiff Cruz" and "Plaintiff Hansen"), filed with the United States District Court in the Northern District of California (the "District Court") a class action complaint against Dollar Tree alleging that they were improperly classified as exempt managers and denied wages for overtime.
WHEREAS, the complaint filed by Plaintiff Cruz and Plaintiff Hansen alleged the following causes of action arising out of Plaintiff Cruz's employment with Dollar Tree: 1) failure to pay overtime wages; 2) failure to pay unpaid wages at the time of termination; (3) failure to provide accurate itemized wage statements; (4) meal break violations; (5) rest break violations; (6) unfair competition and unfair business practices; (7) fraud and deceit; (8) unjust enrichment/constructive trust; (9) request for preliminary and permanent injunction and other equitable relief; and (10) unlawful failure to pay overtime wages.
WHEREAS, on July 6, 2007, Plaintiff Robert Runnings ("Plaintiff Runnings") filed a complaint against Dollar Tree in the Superior Court of the State of California in and for Alameda County that was styled as a class action for damages, injunctive relief and restitution and alleged that Plaintiff Runnings and all persons employed by Dollar Tree in California as Store Managers were improperly classified as exempt managers and denied wages for overtime.
WHEREAS, the complaint filed by Plaintiff Runnings asserted the following causes of action against Dollar Tree: (1) Unfair Business Practices Under the Unfair Competition Act (Cal. Business & Professions Code §§ 17200-17208); (2) Unlawful Failure To Pay All Wages Due; (3) Failure To Provide Meal And Rest Periods; and (4) Failure To Provide Accurate Itemized Wage Statements.
WHEREAS, the July 6, 2007 complaint filed by Plaintiff Runnings was subsequently removed by Dollar Tree to the District Court.
WHEREAS, on November 20, 2007, the District Court signed a Joint Stipulation and Proposed Order for Consolidation of Actions which consolidated the two complaints.
WHEREAS, on May 26, 2009, the District Court issued its Order Granting Amended Motion For Class Certification allowing Plaintiff Runnings, Plaintiff Cruz and Plaintiff Hansen to act in a representative capacity with respect to their misclassification and related claims against Dollar Tree.
WHEREAS, on September 9, 2010, the District Court issued its Order Granting In Part and Denying In Part Dollar Tree's Motion to Decertify. A result of the September 9, 2010 Order was to remove Plaintiff Hansen and Plaintiff Cruz from the class leaving Plaintiff Runnings as the sole remaining class representative.
WHEREAS, on July 8, 2011, the District Court issued its Order Decertifying Class which decertified the remaining members of the class. All that remained of the Consolidated Action following the July 8, 2011 Order Decertifying Class were the individual misclassification and related claims of Plaintiff Runnings, Plaintiff Cruz and Plaintiff Hansen.
IT IS HEREBY STIPULATED AND AGREED by the parties to this action and their undersigned counsel, that Plaintiffs ROBERT RUNNINGS, MIGUEL CRUZ, and JOHN HANSEN, pursuant to Federal Rule of Civil Procedure 41(a)(l)(A)(ii), hereby voluntarily withdraw and DISMISS WITH PREJUDICE, any and all claims asserted against Defendant DOLLAR TREE STORES, INC., its parents, subsidiaries, divisions, joint ventures, affiliates, its and their predecessors, successors and assigns, and all of its and their current and former directors, officers, managers, supervisors, employees, agents, and representatives. Each side shall bear their own fees and costs.
IT IS FURTHER STIPULATED AND AGREED that a facsimile or scanned copy of the signature(s) on this stipulation may be treated as art original for all purposes.
_________________________
Plaintiff ROBERT RUNNINGS
_________________________
Plaintiff MIGUEL A. CRUZ
_________________________
Plaintiff JOHN HANSEN
AMY MORRISEY TURK, ESQ., Corporate
Counsel for Defendant DOLLAR TREE
STORES, INC.
APPROVED BY COUNSEL FOR ALL PARTIES:
LITTLER MENDELSON, P.C.
Maureen E. McClain
Matthew P. Vandall
LITTLER MENDELSON, P.C.
Attorneys for Defendant
SCOTT COLE AND ASSOCIATES, A.P.C.
Scott Cole
Molly DeSario
Attorney for Plaintiffs
Judge Samuel Conti