Meza v. Comfort Air, Inc. ( 2022 )

1 DOWNEY BRAND LLP CASSANDRA M. FERRANNINI (Bar No. 204277) 2 cferrannini@downeybrand.com CAMERON P. HAYNES (Bar No. 316944) 3 chaynes@downeybrand.com 621 Capitol Mall, 18th Floor 4 Sacramento, CA 95814 Telephone: (916) 444-1000 5 Facsimile: (916) 444-2100 6 Attorneys for Defendant COMFORT AIR, INC. 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JENNIFER MEZA, an individual, Case No. 2:22-CV-00813-KJM-DB 12 Plaintiff, JOINT STIPULATION OF DISMISSAL AND TO REMAND ACTION TO STATE 13 vs. COURT; ORDER 14 COMFORT AIR, INC., a California corporation; and DOES 1 through 20, inclusive, 15 Defendants. 16 17 18 Pursuant to Eastern District of California Local Rules 143 and 144 and Federal Rules of 19 Civil Procedure 41(a)(1)(A)(ii), Plaintiff Jennifer Meza (“Plaintiff”) and Defendant Comfort Air, 20 Inc. (“Defendant”) (collectively referred to as the “Parties”) jointly stipulate as follows: 21 WHEREAS, on March 24, 2022, Plaintiff filed her Complaint in the San Joaquin County 22 Superior Court against Defendant; 23 WHEREAS, on May 13, 2022, Defendant removed the matter to this Federal District Court 24 for the Eastern District of California on the grounds that there is original, federal question 25 jurisdiction based on the third and fourth claims for relief, which Defendant claims arise under the 26 Family and Medical Leave Act (“FMLA”); 27 WHEREAS, on May 19, 2022, Defendant filed its answer to Plaintiff’s Complaint in 1 WHEREAS, Plaintiff wishes to dismiss any and all FMLA claims in this action against 2 Defendant, with prejudice, pursuant to Romoland School Dist. v. Inland Empire Energy Center, 3 LLC, 548 F.3d 738, 748 (9th Cir. 2008) (“Federal Rule of Civil Procedure 41 allows plaintiffs 4 voluntarily to dismiss some or all of their claims against some or all defendants.”); 5 WHEREAS, Plaintiff reserves the right to pursue all state law claims, including those 6 based on the California Family Rights Act (“CFRA”) in state court; 7 WHEREAS, the Parties hereby agree that, contingent on Plaintiff’s dismissal of any and all 8 FMLA claims against Defendant in this action with prejudice, there will no longer be any causes 9 of action arising under federal law in this matter; 10 WHEREAS, the Parties agree to a waiver of all costs and attorneys’ fees associated with 11 this dismissal with prejudice; 12 WHEREAS, the parties agree to remand this action to the San Joaquin County Superior 13 Court to adjudicate Plaintiff’s remaining state law claims; 14 WHEREFORE, IT IS HEREBY STIPULATED by Plaintiff and Defendant, through their 15 respective attorneys of record, that: 16 1. Plaintiff’s FMLA claims against Defendant are hereby dismissed with prejudice; 17 2. Plaintiff reserves the right to pursue all state law claims, including those based on 18 the California Family Rights Act (“CFRA”); 19 3. The Parties agree to a waiver of all costs and attorneys’ fees associated with this 20 dismissal with prejudice; 21 4. The Parties agree to remand this action to the San Joaquin County Superior Court. 22 IT IS SO STIPULATED. 23 DATED: June 10, 2022 DOWNEY BRAND LLP 24 By: /s/ Cameron P. Haynes 25 CASSANDRA M. FERRANNINI CAMERON P. HAYNES 26 Attorneys for Defendant COMFORT AIR, INC. 27 1 Dated: June 10, 2022 FALAKASSA LAW, P.C. 2 By:/s/ Joshua S. Falakassa [as authorized on 6/10/22] 3 JOSHUA S. FALAKASSA 4 Attorneys for Plaintiff Jennifer Meza 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 ORDER 2 The Court, having reviewed the Parties’ Stipulation above, and good cause therefore 3 || appearing, hereby orders: 4 1. Plaintiff's FMLA claims against Defendant are hereby dismissed with prejudice; 5 2. The Parties agree to a waiver of all costs and attorneys’ fees associated with this 6 dismissal with prejudice; 7 3. Plaintiff may pursue all state law claims, including those based on the California 8 Family Rights Act (““CFRA”) in state court; and 9 4. This action is remanded to the San Joaquin County Superior Court. 10 IT ISSO ORDERED. 11 DATED: June 17, 2022. 12 13 4 CHIEF ED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28