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Phillip Temple and Johnny v. Guardsmark

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


March 18, 2011

PHILLIP TEMPLE AND JOHNNY
MCFARLAND, ON BEHALF OF THEMSELVES INDIVIDUALLY, AND ALL OTHERS SIMILARLY
PLAINTIFFS,
v.
GUARDSMARK, LLC, AND DOES 1 THROUGH 100, INCLUSIVE,
DEFENDANT(S).

The opinion of the court was delivered by: Judge: The Honorable Susan Illston

MARTIN D. BERN (153203) Martin.Bern@mto.com 2 MALCOLM A. HEINICKE (SBN 194174) Malcolm.Heinicke@mto.com 3 MUNGER, TOLLES & OLSON LLP 560 Mission Street, Twenty-Seventh Floor San Francisco, CA 94105-2907 Telephone: (415) 512-4000 5 Facsimile: (415) 512-4077 6 Attorneys for Defendant GUARDSMARK, LLC 7 8

STIPULATION AND [PROPOSED] ORDER OF 13408225.1 DISMISSAL WITH PREJUDICE

WHEREAS, the parties have reached an agreement that calls for the dismissal with prejudice of this action, with each side to bear their own attorneys' fees and costs;

WHEREAS, the parties agree that the dismissal with prejudice of this action would preclude Plaintiffs from bringing any future claims related to their employment with Defendant, 5 including without limitation any claims under the California Labor Code or the Federal Fair Labor Standards Act; and

WHEREAS, the parties wish to secure court approval of this dismissal and its associated effect:

NOW, THEREFORE, IT IS HEREBY STIPULATED THAT this action is dismissed in its entirety and with prejudice to the claims of Plaintiffs Temple and McFarland.

entirety, and such dismissal shall be with prejudice to the individual claims of Plaintiffs Temple 25 and McFarland. 26 Pursuant to stipulation, IT IS SO ORDERED. This action is hereby dismissed its

The Honorable Susan Illston UNITED STATES DISTRICT JUDGE

20110318

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