Opinion
Case No. C 10-01070 EJD
03-28-2013
MAY MOUA, individually and on behalf of other former and current employees, and for the interest of the general public, Plaintiffs, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, a California Business Entity, form unknown, JOSEPH KOENIG, an Individual, VENKATASUBRAMANIAM IYER, an Individual, and DOES 1-199, Defendants.
Aaron L. Agenbroad (State Bar No. 242613) Catherine Nasser (State Bar No. 246191) JONES DAY Matthew W. Lampe (admitted pro hac vice ) Wendy C. Butler (admitted pro hac vice ) JONES DAY Attorneys for Defendants Alan B. Bayer BAYER & BORLASE Attorneys for Plaintiff
Aaron L. Agenbroad (State Bar No. 242613)
Catherine Nasser (State Bar No. 246191)
JONES DAY
Matthew W. Lampe (admitted pro hac vice)
Wendy C. Butler (admitted pro hac vice)
JONES DAY
Attorneys for Defendants
STIPULATION AND [PROPOSED]
ORDER DISMISSING WITH
PREJUDICE PLAINTIFF'S CLAIMS
ON BEHALF OF PAGA MEMBER
LINDA BENSON
WHEREAS, Plaintiff May Moua ("Moua") asserts non-class representative claims under California's Private Attorneys General Act ("PAGA") on behalf of a number of individuals identified in the Second Amended Complaint and attached Exhibits, including Linda Benson;
WHEREAS, the time frame relevant to Plaintiff's PAGA claims is December 9, 2008 to present;
WHEREAS, in November 2012, Defendants informed Plaintiff that Ms. Benson went on leave prior to December 9, 2008 and remained on leave up through the date her employment with Defendant International Business Machines Corporation terminated;
WHEREAS, Plaintiff's counsel confirmed through direct discussions with Ms. Benson that she was on leave and/or not employed by IBM during the relevant time period;
WHEREAS, based upon the foregoing, Plaintiff has decided not to pursue claims on behalf of Linda Benson;
NOW, THEREFORE, Moua and Defendants stipulate as follows:
1. Moua's claims on behalf of Linda Benson are hereby dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The parties shall bear their own costs and attorneys' fees associated with Moua's pursuit of claims on behalf of Linda Benson.
2. The parties agree that Ms. Benson is not a party in this matter and does not join in this stipulation. By: _______________
Matthew W. Lampe
JONES DAY
222 East 41st Street
New York, New York 10017-6702
Telephone: 212-326-3939
Facsimile: 212-755-7306
Attorneys for Defendants
By: _______________
Alan B. Bayer
BAYER & BORLASE
Attorneys for Plaintiff
PURSUANT TO STIPULATION, IT IS
SO ORDERED:
_______________
EDWARD DAVILA
UNITED STATES DISTRICT JUDGE