Patel v. State of California

Filing 35

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 5/19/2017 ORDERING that DTSC's defense of release based on the 11/12/2014 Settlement Agreement is WITHDRAWN, without prejudice. The parties shall not further conduct discov ery related to this defense. In the event DTSC learns of a change in law or facts that DTSC believes warrants pursuing such a defense, DTSC shall promptly notify Plaintiff's counsel and cooperate with Plaintiff in connection with Plaintiff's ability to pursue discovery related to that defense. (Zignago, K.)

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RICHARD M. ROGERS, State Bar No. 045843
LAW OFFICE OF RICHARD M. ROGERS
100 Bush Street, #1980
San Francisco, CA 94104
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
Dev Patel
XAVIER BECERRA, State Bar No. 118517
Attorney General of California
JUDITH A. RECCHIO, State Bar No. 163060
Supervising Deputy Attorney General
JERRY J. DESCHLER, State Bar No. 215691
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants
California Department of Public Health and
Department of Toxic Substances Control

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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DEV PATEL,

2:15-cv-02471-KJN

Plaintiff, STIPULATION REGARDING
DEFENDANT CALIFORNIA
v.
DEPARTMENT OF TOXIC SUBSTANCES
CONTROL’S WITHDRAWAL OF
DEFENSE OF RELEASE;
STATE OF CALIFORNIA DEPARTMENT
OF PUBLIC HEALTH AND
ORDER THEREON
DEPARTMENT OF TOXIC
SUBSTANCES,
Judge:
Kendall J. Newman
Defendant. Action Filed: 11/30/2015

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Plaintiff Dev Patel (“Plaintiff”) and Defendant California Department of Toxic Substances
Control (“DTSC”), through their respective counsel of record, hereby stipulate as follows:
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Stipulation Regarding Defendant DTSC’s Withdrawal of Defense of Release; Order Thereon (2:15-cv-02471-KJN)

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WHEREAS Plaintiff entered into a Settlement Agreement with Defendant DTSC on

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November 12, 2014 in connection with his claims against DTSC before the California State

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Personnel Board;

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WHEREAS DTSC filed a Motion for Summary Judgment in the present action in which

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DTSC argued that the Settlement Agreement barred litigation of the present action against DTSC,

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and the Motion for Summary Judgment was denied; and

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WHEREAS Plaintiff and DTSC subsequently agreed that DTSC will withdraw its defense
of release based on the November 12, 2014 Settlement Agreement.

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Consequently, Plaintiff and DTSC stipulate and agree as follows: DTSC withdraws its

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right to pursue the defense of release based on the Settlement Agreement, without prejudice. The

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parties will not further conduct discovery related to this defense. DTSC will not pursue the

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defense of release based on the November 12, 2014 Settlement Agreement unless DTSC learns of

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a substantial change in law or facts. In the event DTSC learns of a change in law or facts

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warranting DTSC pursuing defense of release based on the November 12, 2014 Settlement

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Agreement, DTSC agrees to promptly notify Plaintiff’s counsel and to cooperate with Plaintiff in

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connection with Plaintiff’s ability to pursue discovery related to that defense.

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IT IS SO STIPULATED.
Dated: May 17, 2017

Respectfully submitted,

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/s/ Richard M. Rogers
LAW OFFICE OF RICHARD M. ROGERS
RICHARD M. ROGERS
Attorneys for Plaintiff Dev Patel

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Dated: May 17, 2017

Respectfully submitted,

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XAVIER BECERRA
Attorney General of California
JUDITH A. RECCHIO
Supervising Deputy Attorney General

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/s/ Jerry J. Deschler
JERRY J. DESCHLER
Deputy Attorney General
Attorneys for Defendant

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Stipulation Regarding Defendant DTSC’s Withdrawal of Defense of Release; Order Thereon (2:15-cv-02471-KJN)

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ORDER
Having reviewed the parties’ stipulation, and good cause appearing therefore,
IT IS HEREBY ORDERED THAT:

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DTSC’s defense of release based on the November 12, 2014 Settlement Agreement is

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withdrawn, without prejudice. The parties shall not further conduct discovery related to this

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defense. In the event DTSC learns of a change in law or facts that DTSC believes warrants

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pursuing such a defense, DTSC shall promptly notify Plaintiff’s counsel and cooperate with

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Plaintiff in connection with Plaintiff’s ability to pursue discovery related to that defense.

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Dated: May 19, 2017

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_________________________________

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Stipulation Regarding Defendant DTSC’s Withdrawal of Defense of Release; Order Thereon (2:15-cv-02471-KJN)