Tuhn v. Herrick & Co., Inc. et al

Filing 22

STIPULATION and ORDER signed by Judge John A. Mendez on 6/12/12: This action is dismissed with prejudice, with each party to bear their own costs and attorneys' fees.(Kaminski, H)

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Howard L. Magee (SBN 185199)
Drew L. Alexis (SBN 177692)
DIVERSITY LAW GROUP, A Professional Corporation
444 S. Flower Street
Citigroup Center, Suite 1370
Los Angeles, California 90071
[phone] telephone
[phone] facsimile

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Attorneys for Defendants
HERRICK CORPORATION dba
STOCKTON STEEL AND JOHN FITZHUGH
UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOYCE TUHN,

)
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Plaintiff,
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vs.
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HERRICK & CO., INC.; HERRICK
)
CORPORATION dba STOCKTON STEEL; )
JOHN FITZHUGH, and DOES 1-25,
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)
Defendants.
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)

Case No. 2:11-CV-00544-JAM-CKD
STIPULATION TO DISMISSAL OF
ACTION AND ORDER

Action Filed: January 18, 2011
Trial Date:
October 22, 2012

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STIPULATION TO DISMISSAL OF ACTION AND [PROPOSED] ORDER

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Pursuant to Rule 41(a)(1)(A)(ii), of the Federal Rules of Civil Procedure, Plaintiff Joyce

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Tuhn (referred to as “Plaintiff”) and Defendants Herrick Corporation dba Stockton Steel and

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John Fitzhugh (collectively referred to as “Defendants”) acting by and through their attorneys of

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record, hereby stipulate as follows:

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1.

Plaintiff commenced this action on January 18, 2011 by filing her Complaint for

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Damages in the Stockton County Superior Court. Said Complaint for Damages alleged the

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following claims: 1) Violation of Title VII of the Civil Rights Act of 1964 as amended; and 2)

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Violation of the California Fair Employment and Housing Act (“FEHA”). Defendants

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subsequently removed Plaintiff’s Complaint to this Court on February 25, 2011 – Federal Case

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No. 2:11-CV-00544-AM CKD (referred to as “the Action”).

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2.

Plaintiff and Defendants have now reached a resolution of Plaintiff’s pending

Action in this Court.

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3.

Based on that resolution, the Parties stipulate that the Action and claims asserted

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by Plaintiff be dismissed with prejudice, and that each side bears its own costs and attorneys’

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fees.

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SO STIPULATED.

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DATED: ___________________

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By:

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________________________________
Michael Babitzke
Attorney for Plaintiff

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DATED: ___________________

DIVERSITY LAW GROUP, PC
By:

________________________________
Howard L. Magee
Attorneys for Defendants
Herrick Corporation dba Stockton Steel and John
Fitzhugh

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STIPULATION TO DISMISSAL OF ACTION AND [PROPOSED] ORDER

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ORDER

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FOR GOOD CAUSE SHOWN, and pursuant to Rule 41(a) of the Federal Rules of Civil

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Procedure, it is hereby ORDERED:

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1. Plainitff Joyce Tuhn’s Action (Federal Case No. 2:11-CV-00544-JAM-CKD)

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and all claims contained therein are hereby dismissed with prejudice, with

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each party to bear their own costs and attorneys’ fees as to all claims

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dismissed herein.

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IT IS SO ORDERED.

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DATED: June 12, 2012

/s/ John A. Mendez________________________
JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION TO DISMISSAL OF ACTION AND [PROPOSED] ORDER

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