Opinion
Case No.1 :12-cv-00914 AWI-JLT
07-10-2012
THERESA ROSS, individually, and on behalf of other members of the general public similarly situated, Plaintiff, v. JPMORGAN CHASE BANK, a New York corporation; JPMORGAN CHASE CALIFORNIA CORPORATION, a California Corporation; WANDA NEWELL, an individual; and DOES 1 through 10, inclusive, Defendants.
Respectfully submitted, Initiative Legal Group APC Raul Perez Melissa Grant Arnab Banerjee Attorneys for Plaintiff Respectfully submitted, Morgan, Lewis & Bockius LLP By: Christopher M. Robertson (as authorized on July 9, 2012) Carrie A. Gonell Christopher M. Robertson Attorneys for Defendants JP Morgan Chase Bank and Wanda Newell
Raul Perez (SBN 174687)
Melissa Grant (SBN 205633)
Arnab Banerjee (SBN 252618)
Initiative Legal Group APC
Attorneys for Plaintiff Theresa Ross
STIPULATION FOR VOLUNTARY
DISMISSAL WITH PREJUDICE
PURSUANT TO FED. R. CIV. PROC.
R. 41(a)(1)(A).
Complaint Filed: March 14, 2012
Plaintiff, THERESA ROSS ("Plaintiff") and Defendants JPMORGAN CHASE BANK and WANDA NEWELL hereby stipulate to dismiss the above-captioned action to pursuant to Rule 41(a) of the Federal Rules of Civil Procedure as follows:
1. On March 14, 2012, Plaintiff filed the above-captioned complaint in the Superior Court of California, Kern County;
2. On June 4, 2012, Defendant JPMorgan Chase Bank removed this action to the United States District Court, Eastern District of California;
3. On June 11, 2012, Defendants JPMorgan Chase Bank and Wanda Newell filed a Motion to Dismiss pursuant to Rule 12(b)(6) [Dkt. # 6];
4. In light of the information and evidence presented by the Motion to Dismiss, Plaintiff has agreed to dismiss this action and her individual PAGA claims with prejudice;
5. Defendant JPMorgan Chase California Corporation was never served and never appeared in the above-captioned action; and
6. Defendants JPMorgan Chase Bank and Wanda Newell are the only defendants who have appeared in the above-captioned action, and they have agreed to waive all fees and costs in exchange for the dismissal with prejudice.
ACCORDINGLY, PLAINTIFF AND DEFENDANTS JPMORGAN CHASE BANK AND WANDA NEWELL HEREBY STIPULATE AND AGREE that this action and Plaintiff's individual PAGA claims be dismissed with prejudice for waiver of their fees and costs, pursuant to Federal Rule of Civil Procedure 41(a)(l)(A)(ii).
Respectfully submitted,
Initiative Legal Group APC
By: ______________
Raul Perez
Melissa Grant
Arnab Banerjee
Attorneys for Plaintiff
Respectfully submitted,
Morgan, Lewis & Bockius LLP
By: Christopher M. Robertson
(as authorized on July 9, 2012)
Carrie A. Gonell
Christopher M. Robertson
Attorneys for Defendants JP Morgan
Chase Bank and Wanda Newell
____________
United States District Judge