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Vicente Hernandez, Francisco Barajas, and Rodrigo Sanchez v. Bf Operations Holdings

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA -- SAN FRANCISCO DIVISION


May 17, 2011

VICENTE HERNANDEZ, FRANCISCO BARAJAS, AND RODRIGO SANCHEZ
ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED,
PLAINTIFF,
v.
BF OPERATIONS HOLDINGS, LLC, A CALIFORNIA CORPORATION,
FRESH ENTERPRISES, LLC, A CALIFORNIA CORPORATION, A DELAWARE
CORPORATION, BAJA FRESH MEXICAN GRILL AND DOES 1 THROUGH 50, 27 INCLUSIVE, DEFENDANT.

The opinion of the court was delivered by: Charles R. Breyer R Judge

STIPULATED DISMISSAL OF DEFENDANT CKE RESTAURANTS, INC. ONLY AND PROPOSED ORDER[FORM UNKNOWN]

Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, Plaintiffs VICENTE HERNANDEZ, FRANCISCO BARAJAS, and RODRIGO SANCHEZ ("Plaintiffs") and Defendants BF OPERATIONS HOLDINGS, LLC, FRESH ENTERPRISES, LLC, and CKE RESTAURANTS, INC., ("Defendants") by and through their respective attorneys of record, 5 hereby stipulate as follows:

1. Plaintiffs filed this putative class action on or about November 23, 2010, alleging wage and hour violations against Defendants. This action was initially filed in Alameda County Superior Court;

2. On March 9, 2011, Defendants removed this putative class action to Federal Court;

3. Defendant CKE Restaurants, Inc. ("CKE") alleges that it does not have nor did it ever have any form of employer/employee relationship with the Plaintiffs and/or the putative class members. As such, CKE cannot be held liable for any of the allegations contained in Plaintiffs' putative class action complaint. (Dkt. 1, Ex.1)

4. The Plaintiffs do not believe it is in the interest of the class to litigate this issue.

5. The Plaintiffs hereby request that CKE only be dismissed from this action with prejudice; and

6. The Plaintiffs and CKE agree to waive fees and costs as to CKE only.

Dated: May 12, 2010

MALLISON & MARTINEZ Marco A. Palau Attorneys for Plaintiffs Vicente Hernandez, Francisco Barajas and Rodrigo Sanchez

Dated: May 12, 2010

ROGERS JOSEPH O'DONNELL Charlie Y. Chou Attorneys for Defendants BF Operations Holdings, LLC; Fresh Enterprises, LLC and CKE Restaurants, Inc.

THE PARTIES HAVING SO STIPULATED, IT IS HEREBY ORDERED that CKE Restaurants Inc. is dismissed from this case with prejudice.

IT IS SO ORDERED. S DISTR ATE ICT T C

S O U.S. D R T T DISTRICT U E JUDGE CHARLES R. BREYER I N IT IS SO ORDERED U A I N

RFT IH ALERN F C DIS OTRICT

20110517

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