Raudez v. SSMB Pacific Holding Company, Inc. ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 JEREMY RAUDEZ, Case No. 19-cv-02755 NC 11 Plaintiff, ORDER GRANTING STIPULATION 12 v. FOR DISMISSAL AND TERMINATING CASE IN 13 SSMB PACIFIC HOLDING ACCORDANCE WITH COMPANY, INC., SETTLEMENT 14 Defendant. 15 16 This is a wrongful termination, failure to provide breaks, and failure to pay wages 17 case filed by Jeremy Raudez against his employer NorCal Kenworth/SSMB Pacific 18 Holding Company, Inc. Raudez was employed as a counterman until he was terminated 19 from employment on January 11, 2019. This case was initially filed in Santa Clara County 20 Superior Court and then removed to this Court. ECF 1. One of Raudez’s claims is under 21 the federal Fair Labor Standards Act (FLSA). Federal jurisdiction is satisfied because a 22 federal statutory claim (the FLSA) is in dispute and all parties have consented to the 23 jurisdiction of a magistrate judge. ECF 5, 8. 24 Presented to the Court is a stipulation for dismissal of the entire action with 25 prejudice. ECF 16. Under the stipulation, the action will be dismissed with prejudice and 26 each side will bear its own fees and costs. ECF 16. The proposed dismissal is the product 27 of a written settlement agreement and release agreed to by the parties. This Court has not 1 When presented with a proposed settlement of FLSA claims, the Court “must 2 || determine whether the settlement is a fair and reasonable resolution of a bona fide 3 || dispute.” See Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350, 1353 (11th Cir. 4 1982); Yue Zhou v. Wang’s Restaurant, Case No. 05-cv-0279 PVT, 2007 WL 2298046, at 5 || *1 (N.D. Cal. Aug. 8, 2007). 6 Here, the Court finds that the settlement is a fair and reasonable resolution of a bona 7 || fide dispute. The compensation to plaintiff's counsel Frank Mayo is appropriate in light of 8 || his skill and experience and his documented work on the case. 9 The Court therefore APPROVES the stipulated dismissal (ECF 16) and 10 || DISMISSES this case with prejudice, with each side to bear its own fees and costs except 11 || as specified in the settlement agreement. The Clerk of Court is instructed to terminate the 12 || file. 13 IT IS SO ORDERED. a 14 15 || Dated: April 6, 2020 NATHANAEL M. COUSINS 16 United States Magistrate Judge Zz 19 20 21 22 23 24 25 26 27 28