Salas v. Facultatieve Technologies The Americas, Inc. et al

Filing 76

STIPULATION RE: DISMISSAL OF WAGE LOSS CLAIMS AND INCINERATOR SPECIALISTS, INC. signed by Chief Judge Lawrence J. O'Neill on October 4, 2019. (Munoz, I)

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1 2 3 4 5 6 NATHANIEL R. LUCEY, Esq. (SBN 260796) ERICKSEN ARBUTHNOT 152 North Third Street, Suite 700 San Jose, CA 95112 Tel: (408) 286-0880 Fax: (408) 286-0337 Attorneys for Defendants FACULTATIEVE TECHNOLOGIES THE AMERICAS, INC. and INCINERATOR SPECIALISTS, INC. 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 Case No. 1:17-CV-00335-LJO-BAM JONATHAN SALAS, 11 STIPULATION RE: DISMISSAL OF WAGE LOSS CLAIMS AND INCINERATOR SPECIALISTS, INC. Plaintiff, 12 v. 13 FACULTATIEVE TECHNOLOGIES THE AMERICAS, INC., ET AL., 14 Defendants. 15 16 17 COME NOW PLAINTIFF JONATHAN SALAS [“Plaintiff”] AND DEFENDANTS 18 FACULTATIEVE TECHNOLOGIES THE AMERICAS, INC. and INCINERATOR 19 SPECIALISTS, INC. [“Defendants”] and enter into the following stipulation: 20 1. Plaintiff hereby withdraws his claim for lost wages, future lost wages and a loss in 21 22 earning capacity against Defendants. Plaintiff agrees to not introduce evidence or testimony at trial 23 regarding or relating to any lost wages, earnings and bonuses or any future lost wages, earnings, 24 bonuses or any loss in earning capacity. Plaintiff agrees to withdraw Victor Johnson as an 25 unretained expert, Plaintiff agrees that he shall not submit to the jury an instruction or jury verdict 26 27 28 requesting said damages listed above. This stipulation shall not prohibit Plaintiff from introducing evidence of how his injuries cause him pain& suffering/ emotional distress at his work. 1 STIPULATION RE: DISMISSAL OF WAGE LOSS CLAIMS AND INCINERATOR SPECIALISTS, INC. Salas v. Facultatieve, et al. Case No. 1:17-CV-00335-LJO-BAM 1 2 3 4 2. Plaintiff agrees to dismiss INCINERATOR SPECIALISTS, INC. as a Defendant in this action without prejudice. 3. Defendant INCINERATOR SPECIALISTS, INC. agrees, in exchange for its 5 dismissal, to waive its right to costs against Plaintiff. 6 IT IS SO STIPULATED 7 8 MASTAGNI HOLSTEDT, A.P.C. DATED: October 1, 2019 By: /Grant A. Winter/_________________ GRANT A. WINTER Attorney for Plaintiff 9 10 11 12 ERICKSEN ARBUTHNOT DATED: October 1, 2019 By: /Nathaniel R. Lucey/_______________ NATHANIEL R. LUCEY Attorney for Defendants Facultatieve Technologies The Americas, Inc. and Incinerator Specialists, Inc. 13 14 15 16 ORDER 17 18 Having reviewed the Stipulation set forth above, and FOR GOOD CAUSE APPEARING 19 THEREFORE, the above Stipulation is accepted, adopted and made the Order of the Court. 20 IT IS SO ORDERED. 21 22 23 24 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ October 4, 2019 UNITED STATES CHIEF DISTRICT JUDGE 25 26 27 28 2 STIPULATION RE: DISMISSAL OF WAGE LOSS CLAIMS AND INCINERATOR SPECIALISTS, INC. Salas v. Facultatieve, et al. Case No. 1:17-CV-00335-LJO-BAM

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