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Moua v. Int'l Bus. Machines Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Mar 28, 2013
Case No. C 10-01070 EJD (N.D. Cal. Mar. 28, 2013)

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


Summaries of

Moua v. Int'l Bus. Machines Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Mar 28, 2013
Case No. C 10-01070 EJD (N.D. Cal. Mar. 28, 2013)
Case details for

Moua v. Int'l Bus. Machines Corp.

Case Details

Full title:MAY MOUA, individually and on behalf of other former and current…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Mar 28, 2013

Citations

Case No. C 10-01070 EJD (N.D. Cal. Mar. 28, 2013)