Opinion
2:20-cv-02545-TLN-KJN
07-13-2021
CERENA SWEETLAND-GIL, individually and on behalf of all others similarly situated, Plaintiff, v. UNIVERSITY OF THE PACIFIC, a California Non-Profit Corporation, Defendant.
HAMMONDLAW, P.C. JULIAN HAMMOND (SBN 268489) POLINA BRANDLER (SBN 269086 ARI CHERNIAK (SBN 290071) Attorneys for Plaintiff and the Putative Class JACKSON LEWIS, P.C. NATHAN W. AUSTIN (SBN 219672) CHRISTOPHER J. TRUXLER (SBN 282354) Attorneys for Defendant University of the Pacific
HAMMONDLAW, P.C. JULIAN HAMMOND (SBN 268489) POLINA BRANDLER (SBN 269086 ARI CHERNIAK (SBN 290071) Attorneys for Plaintiff and the Putative Class
JACKSON LEWIS, P.C. NATHAN W. AUSTIN (SBN 219672) CHRISTOPHER J. TRUXLER (SBN 282354) Attorneys for Defendant University of the Pacific
JOINT STIPULATION FOR REMAND PURSUANT TO SETTLEMENT; ORDER
Troy L. Nunley United States District Judge
Plaintiff Cerena Sweetland-Gil (“Plaintiff”) and Defendant University of the Pacific (“Defendant”), collectively referred to as the “Parties, ” through their respective counsel of record, file this Joint Stipulation for Remand Pursuant to Settlement (the “Remand Stipulation”) as follows:
WHEREAS, this action was filed originally in San Joaquin County Superior Court, No. STK-CV-UOE-2019-14682, on November 4, 2019 (“State Court Action”), alleging causes of action for the violations of California Labor Code §§ 226.2, 1194, 1194.2, 201-203, 226(a), (e) and IWC Wage Order No. 4-2001, § 4, and Business and Professions Code §§ 17200, et seq.;
WHEREAS, Plaintiff filed a First Amended Complaint in the State Court Action or January 27, 2020, adding a cause of action for civil penalties pursuant to the Private Attorneys General Act, California Labor Code § 2698 et seq., based on the above violations and based on the violation of Labor Code § 226.7;
WHEREAS, on December 29, 2020, Defendant removed the State Action under the Class Action Fairness Act of 2005 to this Court. The State Action once removed to federal court, was designated as No. 2:20-cv-02545-TLN-KJN (“Federal Action”);
WHEREAS, on March 26, 2021 and April 16, 2021, the Parties participated in a private mediation and reached a settlement in principal;
WHEREAS, on July 1, 2021, the Parties executed a “Class Action Settlement Agreement” that resolves the State Court Action described above;
WHEREAS, the Settlement Agreement contemplates that the Federal Action currently before this Court will be remanded, solely for settlement purposes, back to the state court where the action was commenced. Such remand is agreed to by the Parties without any admissions or concessions regarding the appropriate venue or jurisdiction of this litigation if for any reason the settlement agreement is not finally approved.
IT IS HEREBY STIPULATED AND AGREED by the Parties, through their respective counsel of record that, subject to the Court's approval, the State Action be remanded to the San Joaquin County Superior Court where it was commenced for the sole purpose of effecting the Settlement Agreement, without waiver of the Parties' rights to remove the action to federal court in the future.