JOINT STIPULATION OF DISMISSAL OF PLAINTIFF ROBERT by oby11556

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									     Case 3:04-cv-00281-JSW
     Case 3:04-cv-00281-JSW             Document 183-1
                                        Document 184       Filed 01/11/2006
                                                          Filed 01/12/2006    Page 1 of 8
                                                                              Page 1 of 8



 1    NANCY L. ABELL (SB# 88785) nancyabell@paulhastings.com
      MARK W. ATKINSON (SB# 60472) markatkinson@paulhastings.com
 2    ELENA R. BACA (SB# 160564) elenabaca@paulhastings.com
      HEATHER A. MORGAN (SB# 177425) heathermorgan@paulhastings.com
 3    JOSEPH W. DENG (SB# 179320) josephdeng@paulhastings.com
      PAUL, HASTINGS, JANOFSKY & WALKER LLP
 4    515 South Flower Street
      Twenty-Fifth Floor
 5    Los Angeles, CA 90071-2228
      Telephone: (213) 683-6000
 6    Facsimile: (213) 627-0705
 7    Attorneys for Defendant
      CINTAS CORPORATION
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      Plaintiffs’ Counsel Listed on Next Page
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                                   UNITED STATES DISTRICT COURT
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11                               NORTHERN DISTRICT OF CALIFORNIA

12                                       SAN FRANCISCO DIVISION
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      ROBERT RAMIREZ, ROBERT                             CASE NO. C04-0281-JSW
14    HARRIS, LUIS POCASANGRE
      CARDOZA, JOSE SALCEDO, A.                          [RELATED TO CASE NO. C05-03145-JSW]
15    SHAPPELLE THOMPSON,
      CORETTA SILVERS (formerly                          JOINT STIPULATION OF DISMISSAL
16    VICK), SANDRA EVANS, BLANCA                        OF PLAINTIFF ROBERT HARRIS’
      NELLY AVALOS, JAMES MORGAN                         CLAIMS AND [PROPOSED] ORDER
17    and ANTHONY JONES, on behalf of
      themselves and all others similarly
18    situated,
19                        Plaintiffs,
20            vs.
21    CINTAS CORPORATION,
22                        Defendant.
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24    EQUAL EMPLOYMENT
      OPPORTUNITY COMMISSION,
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26                        Plaintiff/Intervenor.

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                                                                    JOINT STIPULATION OF DISMISSAL OF
      Case No. C04-0281-JSW                                      PLAINTIFF ROBERT HARRIS’ CLAIMS AND
      LEGAL_US_W # 53154404.5                                                       [PROPOSED] ORDER
     Case 3:04-cv-00281-JSW
     Case 3:04-cv-00281-JSW     Document 183-1
                                Document 184      Filed 01/11/2006
                                                 Filed 01/12/2006    Page 2 of 8
                                                                     Page 2 of 8



 1    MORRIS J. BALLER (SB# 048928)
      ROBERTA L. STEELE (SB# 188198)
 2    NINA RABIN (SB# 229403)
      GOLDSTEIN, DEMCHAK, BALLER,
 3          BORGEN & DARDARIAN
      300 Lakeside Dr., Suite 1000
 4    Oakland, CA 94612
      Telephone: (510) 763-9800
 5    Facsimile: (510) 835-1417
 6    PAUL STRAUSS (SB# 153937)
      ROBERT S. LIBMAN (SB# 139283)
 7    NANCY MALDONADO
      MINER, BARNHILL & GALLAND
 8    14 W. Erie Street
      Chicago, IL 60610
 9    Telephone: (312) 751-1170
      Facsimile: (312) 751-0438
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      Attorneys for Plaintiffs ROBERT RAMIREZ, et al.
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                                                           JOINT STIPULATION OF DISMISSAL OF
      Case No. C04-0281-JSW                             PLAINTIFF ROBERT HARRIS’ CLAIMS AND
      LEGAL_US_W # 53154404.5                                              [PROPOSED] ORDER
     Case 3:04-cv-00281-JSW
     Case 3:04-cv-00281-JSW       Document 183-1
                                  Document 184           Filed 01/11/2006
                                                        Filed 01/12/2006    Page 3 of 8
                                                                            Page 3 of 8



 1                                            RECITALS
 2
 3                    WHEREAS, on August 3, 2005, Plaintiff Robert Harris (“Harris”) filed his
 4    Fourth Amended Complaint (“FAC”) asserting claims on behalf of himself and as a
 5    putative class representative for certain present and former employees of Defendant
 6    Cintas Corporation (“Cintas”);
 7
 8                    WHEREAS, in the FAC, Harris individually asserted claims under the Civil
 9    Rights Act of 1866, 42 U.S.C. §1981, as amended by the Civil Rights Act of 1991
10    (“Section 1981”), and Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et
11    seq., as amended (“Title VII”), specifically contending that Cintas refused to hire him as a
12    driver (“SSR”), refused to promote him to the position of SSR, and terminated him
13    because of his race (African American) (FAC ¶ 9);
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15                    WHEREAS, in the FAC, Harris sought to assert claims as a class
16    representative for African Americans who allegedly were discriminated against in hiring
17    to SSR position in Cintas’ Rental Division in violation of Section 1981 and Title VII
18    (FAC ¶¶ 33-40, 48(b));
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20                    WHEREAS, Harris intends to dismiss both his individual and class claims
21    and therefore cannot serve as a class representative for any form of relief sought on behalf
22    of the putative class described in paragraph 48(b) of the FAC;
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24                    WHEREAS, Harris has agreed to dismiss with prejudice his individual and
25    class claims against Cintas in exchange for Cintas’ waiver of its right to recover costs
26    against Harris pursuant to Federal Rule of Civil Procedure 54(d);
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                                                                  JOINT STIPULATION OF DISMISSAL OF
      Case No. C04-0281-JSW                       -3-          PLAINTIFF ROBERT HARRIS’ CLAIMS AND
      LEGAL_US_W # 53154404.5                                                     [PROPOSED] ORDER
     Case 3:04-cv-00281-JSW
     Case 3:04-cv-00281-JSW        Document 183-1
                                   Document 184           Filed 01/11/2006
                                                         Filed 01/12/2006    Page 4 of 8
                                                                             Page 4 of 8



 1                    WHEREAS, the parties have agreed that Plaintiffs’ counsel will not include
 2    any attorneys’ fees or costs incurred as part of maintaining Harris’ individual claims (or
 3    the class claims Harris has asserted if there is no adequate class representative to represent
 4    the putative class described in paragraph 48(b) of the FAC), should they later apply for an
 5    award of attorneys’ fees or costs in this litigation. However, if Plaintiffs or Plaintiffs’
 6    counsel apply for an award of attorneys’ fees and costs, this stipulation will not preclude
 7    them from arguing that some portion of the time and costs spent on the class claims
 8    asserted by Harris should be allocated to a claim on which plaintiffs prevailed (including a
 9    claim of discrimination in hiring for the SSR job, if plaintiffs prevail on that claim);
10    nothing in this stipulation will preclude Defendant from asserting any legal arguments in
11    opposition to such an allocation; and nothing in this stipulation will preclude the Court
12    from ruling that such an allocation should or should not be made; and
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14                    WHEREAS, the parties have agreed that, notwithstanding the stipulated
15    dismissal of Harris’ claims, if a class of Cintas employees is certified and Harris falls
16    within the definition of any such class, Harris may participate and receive any benefit to
17    which he would be entitled as a member of the class, if any.
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                                                                   JOINT STIPULATION OF DISMISSAL OF
      Case No. C04-0281-JSW                        -4-          PLAINTIFF ROBERT HARRIS’ CLAIMS AND
      LEGAL_US_W # 53154404.5                                                      [PROPOSED] ORDER
     Case 3:04-cv-00281-JSW
     Case 3:04-cv-00281-JSW           Document 183-1
                                      Document 184            Filed 01/11/2006
                                                             Filed 01/12/2006    Page 5 of 8
                                                                                 Page 5 of 8



 1                                              STIPULATION
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 3                     THE PARTIES, BY AND THROUGH THEIR COUNSEL, HEREBY
 4    STIPULATE AS FOLLOWS:
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 6                     1.       Plaintiff Robert Harris withdraws as a named, representative plaintiff
 7    and dismisses with prejudice his class claims for the putative class of African American
 8    non-exempt employees in Cintas’ Rental Division who contend they were denied hiring to
 9    driver (“SSR”) positions in violation of Section 1981 and Title VII;
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11                     2.       Plaintiff Robert Harris dismisses with prejudice his individual claims
12    for discriminatory hiring, failure to promote, and termination in violation of Section 1981
13    and Title VII;
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15                     3.       Plaintiffs’ counsel will not include any attorneys’ fees or costs
16    incurred as part of maintaining Harris’ individual claims (or the class claims Harris has
17    asserted if there is no adequate class representative to represent the putative class
18    described in paragraph 48(b) of the FAC), should they later apply for an award of
19    attorneys’ fees or costs in this litigation. However, if Plaintiffs or Plaintiffs’ counsel
20    apply for an award of attorneys’ fees and costs, this stipulation will not preclude them
21    from arguing that some portion of the time and costs spent on the class claims asserted by
22    Harris should be allocated to a claim on which plaintiffs prevailed (including a claim of
23    discrimination in hiring for the SSR job, if plaintiffs prevail on that claim); nothing in this
24    stipulation will preclude Defendant from asserting any legal arguments in opposition to
25    such an allocation; and nothing in this stipulation will preclude the Court from ruling that
26    such an allocation should or should not be made; and
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                                                                       JOINT STIPULATION OF DISMISSAL OF
      Case No. C04-0281-JSW                            -5-          PLAINTIFF ROBERT HARRIS’ CLAIMS AND
      LEGAL_US_W # 53154404.5                                                          [PROPOSED] ORDER
     Case 3:04-cv-00281-JSW
     Case 3:04-cv-00281-JSW           Document 183-1
                                      Document 184            Filed 01/11/2006
                                                             Filed 01/12/2006    Page 6 of 8
                                                                                 Page 6 of 8



 1                    4.        Cintas waives its right to recover costs against Plaintiff Robert Harris
 2    after the dismissal of his individual and putative class claims as permitted by Federal Rule
 3    of Civil Procedure 43(d).
 4
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      DATED: January 10, 2006                 Respectfully submitted,
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 7                                            By:             /s/ Paul Strauss
                                                              PAUL STRAUSS
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                                              Paul Strauss
 9                                            Robert S. Libman
                                              Nancy Maldonado
10                                            MINER, BARNHILL & GALLAND
                                              14 W. Erie Street
11                                            Chicago, IL 60610
                                              Phone: (312) 751-1170
12                                            Fax: (312) 751-0438

13                                            Morris J. Baller
                                              Roberta L. Steele
14                                            Nina Rabin
                                              GOLDSTEIN, DEMCHAK, BALLER, BORGEN &
15                                            DARDARIAN
                                              300 Lakeside Drive, Suite 1000
16                                            Oakland, CA 94611
                                              Phone: (510) 763-9800
17                                            Fax: (510) 835-1417

18                                            Counsel for Plaintiffs Robert Ramirez, et al.

19    DATED: January 10, 2006
20                                            By:                 /s/ Nancy L. Abell
                                                              NANCY L. ABELL
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                                              Nancy L. Abell
22                                            Mark W. Atkinson
                                              Elena R. Baca
23                                            Heather A. Morgan
                                              Joseph W. Deng
24                                            PAUL, HASTINGS, JANOFSKY & WALKER LLP
                                              515 South Flower Street, 25th Floor
25                                            Los Angeles, CA 90071-2228
                                              Phone: (213) 683-6000
26                                            Fax: (213) 627-0705
27                                            Counsel for Defendant Cintas Corporation
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                                                                       JOINT STIPULATION OF DISMISSAL OF
      Case No. C04-0281-JSW                            -6-          PLAINTIFF ROBERT HARRIS’ CLAIMS AND
      LEGAL_US_W # 53154404.5                                                          [PROPOSED] ORDER
     Case 3:04-cv-00281-JSW
     Case 3:04-cv-00281-JSW         Document 183-1
                                    Document 184           Filed 01/11/2006
                                                          Filed 01/12/2006    Page 7 of 8
                                                                              Page 7 of 8



 1                                                ORDER
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                      BASED ON THE PARTIES’ STIPULATION AND GOOD CAUSE
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      APPEARING THEREFORE, this Court finds that Plaintiff Robert Harris may not
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      represent the alleged class of African Americans who contend that they were
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      discriminated against in hiring to driver (“SSR”) positions in Cintas’ Rental Division in
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      violation of Section 1981 and Title VII, as set forth in the Fourth Amended Complaint at
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      paragraphs 33-40 and 48(b); on this basis the Court DISMISSES WITH PREJUDICE
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      Plaintiff Robert Harris’ claims on behalf of this alleged class.
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                      This Court DISMISSES WITH PREJUDICE Plaintiff Robert Harris’
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      individual claims that Cintas has violated Section 1981 and Title VII by allegedly refusing
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      to hire him as an SSR, refusing promote him to an SSR position, and terminating him
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      because of his race (African American).
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                      The Court also finds that Plaintiffs’ counsel is not entitled to recover any
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      amount in attorneys’ fees and costs attributable to pursuing Harris’ individual claims
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      herein (or the class claims Harris has asserted if there is no adequate class representative
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      to represent the putative class described in paragraph 48(b) of the FAC).
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                      The parties have agreed that Plaintiffs’ counsel will not include any
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      attorneys’ fees or costs incurred as part of maintaining Harris’ individual claims (or the
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      class claims Harris has asserted if there is no adequate class representative to represent the
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      putative class described in paragraph 48(b) of the FAC), should they later apply for an
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      award of attorneys’ fees or costs in this litigation. However, if Plaintiffs or Plaintiffs’
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      counsel apply for an award of attorneys’ fees and costs, this Order will not preclude them
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      from arguing that some portion of the time and costs spent on the class claims asserted by
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      Harris should be allocated to a claim on which plaintiffs prevailed (including a claim of
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                                                                    JOINT STIPULATION OF DISMISSAL OF
      Case No. C04-0281-JSW                         -7-          PLAINTIFF ROBERT HARRIS’ CLAIMS AND
      LEGAL_US_W # 53154404.5                                                       [PROPOSED] ORDER
     Case 3:04-cv-00281-JSW
     Case 3:04-cv-00281-JSW        Document 183-1
                                   Document 184           Filed 01/11/2006
                                                         Filed 01/12/2006    Page 8 of 8
                                                                             Page 8 of 8



 1    discrimination in hiring for the SSR job, if plaintiffs prevail on that claim); and nothing in
 2    this Order will preclude Defendant from asserting any legal arguments in opposition to
 3    such an allocation.
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 5                    Finally, Cintas may not recover costs against Plaintiff Robert Harris.
 6                    IT IS SO ORDERED.
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             ____________, 2006
      DATED: January 12                                                        ______
 9                                              HONORABLE JEFFREY S. WHITE
                                                  United States District Judge
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                                                                   JOINT STIPULATION OF DISMISSAL OF
      Case No. C04-0281-JSW                        -8-          PLAINTIFF ROBERT HARRIS’ CLAIMS AND
      LEGAL_US_W # 53154404.5                                                      [PROPOSED] ORDER

								
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