UNITED STATES DISTRICT COURT IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA
August 4, 2010
ARABELLA LEMUS, AN INDIVIDUAL AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
H&R BLOCK TAX AND BUSINESS SERVICES, INC., A DELAWARE CORPORATION; H&R BLOCK ENTERPRISES, INC., A MISSOURI CORPORATION; H&R BLOCK TAX SERVICES, INC., A MISSOURI CORPORATION; H&R BLOCK SERVICES, INC., A MISSOURI CORPORATION; AND DOES 1 THROUGH 50, INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: The Honorable Susan Illston
STIPULATED DISMISSAL OF PLAINTIFF'S THIRD CLAIM AND STRIKING OF PORTIONS OF THIRD AMENDED COMPLAINT; [PROPOSED] ORDER REGARDING SAME
Complaint Filed: June 9, 2009
FAC Filed: July 8, 2009
SAC Filed: October 8, 2009
TAC Filed: June 3, 2010
IT IS HEREBY STIPULATED BY THE PARTIES that Plaintiffs' Third Claim for violations of Labor Code section 2802 is dismissed without prejudice, and that paragraph 2(f), paragraph 22, and paragraph 59, line 17, of Plaintiff's Third Amended Complaint are stricken, also without prejudice.
NOW, THEREFORE, THE PARTIES HERETO STIPULATE AND RESPECTFULLY REQUEST THAT THE COURT ORDER AS FOLLOWS:
Pursuant to the Parties' stipulation, Plaintiffs' Third Claim is hereby DISMISSED without prejudice. Further, paragraph 22, and paragraph 59, line 17, of Plaintiff's Third Amended Complaint are STRICKEN without prejudice.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE
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