Opinion
CV 20-10230-DMG (SKx)
12-28-2021
BENJAMIN FLORES, individually, and on behalf of all others similarly situated, Plaintiff, v. SBE/KATSUYA USA, LLC; SPOONFUL MANAGEMENT, LLC; SBE RESTAURANT GROUP, LLC, and DOES 1 through 100, inclusive, Defendants.
ORDER DISMISSING
ACTION WITHOUT PREJUDICE [48]
DOLLY M. GEE UNITED STATES DISTRICT JUDGE
On December 6, 2021, Plaintiff Benjamin Flores (“Plaintiff”) and Defendants SBE/KATSUTA USA, LLC and SBE RESTAURANT GROUP, LLC (“Defendants”) filed a Joint Status Report and Stipulation to Lift Stay whereby the Parties stipulated to lift this Court's order staying this matter, as the court in Robert Tressler v. Spoonful Management LLC., Los Angeles Superior Court, Case No. BC719405 (“Tressler”), granted approval of the Tressler PAGA settlement and entered judgment.
The Parties further stipulated that based on the overlapping claims and PAGA period set forth in the Tressler action, the Parties agreed that Plaintiff shall dismiss his representative PAGA claims without prejudice and pursue his individual labor code claims in arbitration.
The Court, having reviewed the Parties' stipulation and attachments thereto, hereby ORDERS that Plaintiff Benjamin Flores' PAGA claims, which are asserted on a representative basis, shall be DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.