Amie Holak, Individually, and On Behalf of All Others Member of the General Public Similarly Situated v. Kmart Corporation

[Counsel listed on following page]

ORDER GRANTING STIPULATION TO DISMISS FIFTH CAUSE OF ACTION FROM PLAINTIFF AMIE HOLAK'S SECOND AMENDED COMPLAINT WITHOUT PREJUDICE

Judge: Hon. Anthony W. Ishii Courtroom: 2, 2500 Tulare Street, 8th Flr., Fresno Complaint filed: January 23, 2012

ORDER TO DISMISS FIFTH CAUSE OF ACTION

U.S.D.C., E.D. Cal., No. 1-12-cv-00304-AWI-MJS

LEGAL_US_W # 74282119.3

Pursuant to the parties' stipulation, and good cause appearing therefor, the fifth cause of action of plaintiff Amie Holak's Second Amended Complaint for violation of California Labor Code section 1198 and California Code of Regulations, Title 8, section 11070(14) (failure to provide seating) is hereby DISMISSED WITHOUT PREJUDICE. No notice regarding dismissal of the fifth cause of action need be provided to the putative class. Defendant Kmart Corporation may not seek to recover the fees and costs it has incurred in defending against this cause of action, provided that plaintiff does not later re-file the cause of action.

IT IS SO ORDERED.

SENIOR DISTRICT JUDGE

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