Fitzgerald v. County of El Dorado et al

Filing 179

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 6/6/16 ORDERING pursuant to the parties' stipulation (ECF No. 178 ), Plaintiff's federal age discrimination claim under the Age Discrimination in Employment Act of 1967 is hereby DISMISSED with prejudice against El Dorado County with a waiver of costs and fees. Plaintiff's age discrimination claim under the California Fair Employment and Housing Act remains an operative claim. (Becknal, R)

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JILL P. TELFER (SBN 145450)
LAW OFFICES OF JILL P. TELFER
331 J Street, Suite 200
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorney for Plaintiff: RICHARD FITZGERALD

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No.

RICHARD FITZGERALD,

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STIPULATION AND ORDER RE:
DISMISSAL OF AGE DISCRIMINATION
CLAIM UNDER 28 U.S.C. § 621 AGAINST
ALL DEFENDANTS

Plaintiff,

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2:12-cv-02932-MCE-KJN

vs.
EL DORADO COUNTY; SHERIFF JOHN
D’AGOSTINI; UNDERSHERIFF RICH
WILLIAMS; and DOES 1 through 20,
inclusive,

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Defendants.

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff RICHARD

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FITZGERALD and Defendants EL DORADO COUNTY, SHERIFF JOHN D’AGOSTINI,
and UNDERSHERIFF RICH WILLIAMS, by and through their respective counsel, that
Plaintiff hereby agrees to dismiss his federal claim only for Age Discrimination under the Age
Discrimination in Employment Act of 1967 [28 U.S.C. § 621 otherwise known as the ADEA] with
prejudice against EL DORADO COUNTY with a waiver of costs and fees as to this claim only.
The Age Discrimination Claim under the California Fair Employment and Housing Act [Cal.
Government Code §12940 et seq.] remains an operative claim in Plaintiff’s Amended Complaint.
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Stipulated to Dismiss ADEA Claim

Case No. 2:12-cv-02932-MCE-KJN

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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June 1, 2016

Date

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/s/ Jill P. Telfer
Jill P. Telfer
Attorney for Plaintiff
RICHARD FITZGERALD

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June 1, 2016

Date

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/s/ Carl Fessenden
Carl Fessenden/Derek Haynes
Attorneys for Defendants
SHERIFF JOHN D’AGOSTINI and
UNDERSHERIFF RICH WILLIAMS

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June 1, 2016

/s/ C. Christine Maloney

C. CHRISTINE MALONEY
Attorneys for Defendant
COUNTY OF EL DORADO

Date

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ORDER

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Pursuant to the parties’ stipulation (ECF No. 178), Plaintiff’s federal age discrimination
claim under the Age Discrimination in Employment Act of 1967 is hereby DISMISSED with
prejudice against El Dorado County with a waiver of costs and fees. Plaintiff’s age discrimination
claim under the California Fair Employment and Housing Act remains an operative claim.
IT IS SO ORDERED.
Dated: June 6, 2016

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Stipulated to Dismiss ADEA Claim

Case No. 2:12-cv-02932-MCE-KJN