Patel v. State of California

Filing 44

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 1/16/18, ORDERING that Plaintiff's third claim and fourth claim for gender discrimination are DISMISSED, without prejudice. Plaintiff's seventh claim and eighth claim for harassment are DISMISSED as to gender only, without prejudice. (Kastilahn, A)

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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

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v.

Plaintiff, STIPULATION REGARDING
PLAINTIFF DEV PATEL’S DISMISSAL OF
GENDER DISCRIMINATION AND
HARASSMENT CLAIMS;

STATE OF CALIFORNIA DEPARTMENT
OF PUBLIC HEALTH AND
DEPARTMENT OF TOXIC
SUBSTANCES,

ORDER THEREON
Judge:
Kendall J. Newman
Action Filed: 11/30/2015

Defendant.

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Plaintiff Dev Patel (“Plaintiff”) and Defendants California Department of Public Health
(“CDPH”) and Department of Toxic Substances Control (“DTSC”) (CDPH and DTSC are
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Stipulation Regarding Plaintiff Dev Patel’s Dismissal of Gender Discrimination and Harassment Claims;
Order Thereon (2:15-cv-02471-KJN)

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collectively referred to as “Defendants”), through their respective counsel of record, hereby

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stipulate as follows:

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WHEREAS Plaintiff alleges gender discrimination against CDPH in his third claim and

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fourth claim (identified as “Count Three” and “Count Four” at 3:26-4:7 of the Complaint) in his

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First Amended Complaint for Equitable Relief and Damages (the “Complaint”);

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WHEREAS Plaintiff alleges national origin, race, and/or gender as a basis for harassment

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in his seventh claim and eight claim (identified as “Count Seven” and “Count Eight” at 4:16-23

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of the Complaint) in his Complaint;

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WHEREAS Plaintiff testified in his deposition that he does not believe any of the conduct
he alleges against CDPH or DTSC was because of his gender;
WHEREAS Plaintiff and Defendants agreed through counsel that Plaintiff will dismiss his

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gender discrimination and harassment claims without prejudice, unless Defendants attempt to

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assert as a defense that gender was a motive in their actions toward Plaintiff; and

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WHEREAS Defendants will not assert as a defense that gender was a motive in their
actions toward Plaintiff.

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Consequently, Plaintiff and Defendants stipulate and agree as follows: Plaintiff dismisses

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and withdraws his right to pursue his third claim and fourth claim for gender discrimination

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against Defendants. Plaintiff dismisses and withdraws his right to pursue a claim of gender

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harassment against Defendants. Plaintiff’s dismissal is without prejudice, and Plaintiff wishes to

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retain the right to pursue gender discrimination and/or gender harassment claims if Defendants

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assert that gender was a motive in their actions toward Plaintiff. Defendants will not assert as a or

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suggest, by argument, questioning, or testimony, that gender was a motive in their actions toward

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Plaintiff.

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IT IS SO STIPULATED.

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Stipulation Regarding Plaintiff Dev Patel’s Dismissal of Gender Discrimination and Harassment Claims;
Order Thereon (2:15-cv-02471-KJN)

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Dated: January 10, 2018

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: January 10, 2018

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 Defendants California
Department of Public Health and
Department of Toxic Substances Control

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ORDER

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

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Plaintiff’s third claim and fourth claim for gender discrimination are dismissed, without

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prejudice. Plaintiff’s seventh claim and eighth claim for harassment are dismissed as to gender

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only, without prejudice. Plaintiff is still pursuing his seventh claim and eighth claim for national

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origin and/or race harassment. Plaintiff retains the right to pursue gender discrimination and/or

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gender harassment claims if Defendants assert that gender was a motive in their actions toward

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Plaintiff. Defendants will not assert as a defense that gender was a motive in their actions toward

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Plaintiff.

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Dated: January 16, 2018

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SA2015106057
12690080.doc

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Stipulation Regarding Plaintiff Dev Patel’s Dismissal of Gender Discrimination and Harassment Claims;
Order Thereon (2:15-cv-02471-KJN)