McFarland v. Almond Board of California et al

Filing 63

STIPULATION and ORDER signed by Judge John A. Mendez on 10/16/14: Plaintiff's Third, Fourth and Fifth Causes of Action asserted against Defendant TIM BIRMINGHAM only are dismissed with prejudice with each party to bear their own attorney's fees and costs. (Kaminski, H)

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MICHAEL J. LEVANGIE, State Bar #160163
SHARON B. FUTERMAN, State Bar # 124238
LEVANGIE LAW GROUP
2021 N Street
Sacramento, CA 95811
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Defendant
TIM BIRMINGHAM

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SUSI MCFARLAND,

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CASE NO. 2:12-cv-02778-JAM-CKD
Plaintiff,
STIPULATION OF DISMISSAL WITH
PREJUDICE AND ORDER
[FRCP 41(a)(1)(A)(ii)]

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v.

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ALMOND BOARD OF CALIFORNIA; TIM
BIRMINGHAM, an individual, and DOES 1100, inclusive,

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Defendants.

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Plaintiff SUSI McFARLAND and Defendant TIM BIRMINGHAM, by and through their
respective attorneys of record herein, hereby stipulate as follows:
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Plaintiff has agreed to dismiss, with prejudice, the following causes of action

against Defendant TIM BIRMINGHAM ONLY:

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

Plaintiff’s Third Cause of Action - Age discrimination/hostile work environment;

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

Plaintiff’s Fourth Cause of Action – Failure to prevent discrimination;

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

Plaintiff’s Fifth Cause of Action – Constructive termination in violation of public

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policy.
2.

The parties agree that the sole remaining causes of action against Defendant

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BIRMINGHAM are Plaintiff’s First Cause of Action for sex harassment/discrimination in

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violation of Title VII of the Civil Rights Act; and Plaintiff’s Second Cause of action for sex
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STIPULATION OF DISMISSAL WITH PREJUDICE AND ORDER [FRCP 41(a)(1)(A)(ii)]
C:\Users\hvine\Desktop\12cv2778.o.101614.doc

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harassment/discrimination in violation of FEHA;

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Each party agrees to bear their own attorneys’ fees and costs associated with the

causes of action dismissed; and

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4.

Accordingly, the parties jointly request the Court to dismiss Plaintiff’s Third,

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Fourth and Fifth Causes of Action as asserted against Defendant BIRMINGHAM only.

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DATED: October 15, 2014

LEVANGIE LAW GROUP

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By:_/s/ Sharon B. Futerman _____________
MICHAEL J. LEVANGIE
SHARON B. FUTERMAN
Attorneys for Defendant
TIM BIRMINGHAM

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DATED: October 15, 2014

SHIMODA LAW CORP

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By: _/s/ Galen T. Shimoda_______________
GALEN T. SHIMODA
JENNET F. ZAPATA
9401 East Stockton Blvd., Ste. 200
Elk Grove, CA 95624
Phone: [phone]
Fax: [phone]
Attorneys for Plaintiff

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ORDER OF DISMISSAL WITH PREJUDICE

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Having considered the parties Stipulation of Dismissal as to plaintiff’s Third, Fourth and

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Fifth Causes of Action against Defendant TIM BIRMINGHAM and for good cause appearing, it

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is hereby ORDERED:

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Plaintiff’s Third, Fourth and Fifth Causes of Action asserted against Defendant TIM

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BIRMINGHAM only are dismissed with prejudice as to Defendant BIRMINGHAM with each

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party to bear their own attorney’s fees and costs as to the Third, Fourth and Fifth Causes of

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Action.

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DATED: October 16, 2014

/s/ John A. Mendez_____________
JOHN A. MENDEZ
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STIPULATION OF DISMISSAL WITH PREJUDICE AND ORDER [FRCP 41(a)(1)(A)(ii)]
C:\Users\hvine\Desktop\12cv2778.o.101614.doc

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United States District Court Judge

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STIPULATION OF DISMISSAL WITH PREJUDICE AND ORDER [FRCP 41(a)(1)(A)(ii)]
C:\Users\hvine\Desktop\12cv2778.o.101614.doc