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Davis v. Select Truckers Plus

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


November 19, 2009

DAVID C. DAVIS, ON BEHALF OF HIMSELF, ALL OTHERS SIMILARLY SITUATED, THE GENERAL PUBLIC, AND UNDER THE CALIFORNIA LABOR CODE PRIVATE ATTORNEYS GENERAL ACT, PLAINTIFF,
v.
SELECT TRUCKERS PLUS, A CALIFORNIA COMPANY; SELECT TRUCKING SERVICES, INC., A CALIFORNIA CORPORATION; REMX, INC., A CALIFORNIA CORPORATION; REMEDY INTELLIGENT STAFFING, INC., A CALIFORNIA CORPORATION; U.S. INVESTIGATIONS SERVICES, LLC, A DELAWARE CORPORATION; AND DOES 1-50, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Percy Anderson United States District Court Judge

ORDER DISMISSING ENTIRE ACTION BASED ON STIPULATION OF THE PARTIES

The parties have submitted a stipulation requesting dismissal of this entire action, showing that the parties discussed settlement of Plaintiff's individual claims and reached a confidential settlement. Good cause appearing therefor, IT IS ORDERED that:

1. The entire complaint in this action is dismissed, such dismissal being with prejudice as Plaintiff's individual claims and without prejudice as to the individual claims of the members of the putative class who may have and file similar individual claims to those alleged in Plaintiff's complaint;

2. The dismissal of this action will have no res judicata or collateral estoppel effect should any individual claim be brought by any additional persons, including claims identical or substantially similar to Plaintiff's individual claims in this case;

3. Because the dismissal of this action does not affect the rights of the public or any members of the proposed class since the case was never certified as a class action, and since there has been no formal notice of this action to any members of the proposed class, notice of the dismissal of this action to the putative class is not necessary and shall not be provided; and

4. Each of the parties shall bear its own costs and attorneys' fees incurred in this action.

Submitted on November ___, 2009

20091119

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