Ravel v. Hewlett-Packard Enterprises, Inc.

Filing 27

STIPULATION and ORDER of Plaintiffs Sixth Claim for Relief for Intentional Infliction Of Emotional Distress and to Dismiss All of Plaintiffs Claims for Non-Economic Damages 26 signed by Senior Judge William B. Shubb on 2/6/2018. (Kirksey Smith, K)

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BENJAMIN A. EMMERT, Bar No. 212157
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
Telephone: [phone]
Fax No.:
408.288.5686
Email: [e-mail]
Attorneys for Defendant
HEWLETT PACKARD ENTERPRISE COMPANY

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DAVID GRAULICH, ESQ. (SBN 260515)
LAW PRACTICE OF DAVID GRAULICH
PO Box 2041
Fair Oaks, ca 95628
Telephone [phone]
Email: [e-mail]

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Attorney For Plaintiff
BETTY RAVEL

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(Additional Counsel Listed On Following Page)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BETTY L. RAVEL, an individual,
Plaintiff,

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v.
HEWLETT-PACKARD ENTERPRISE,
INC., a Delaware corporation, and Does
1-100, Inclusive,

Case No. 2:16−CV−02610−WBS−DB
JOINT STIPULATION FOR DISMISSAL
OF PLAINTIFF’S SIXTH CLAIM FOR
RELIEF FOR INTENTIONAL INFLICTION
OF EMOTIONAL DISTRESS AND TO
DISMISS ALL OF PLAINTIFF’S CLAIMS
FOR NON-ECONOMIC DAMAGES;
PROPOSED ORDER

Defendants.

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Complaint filed: September 21, 2016
Trial date: August 14, 2018

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LITTLE R MEND ELSO N, P .C .
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150

Case No. 2:16−CV−02610−WBS−DB
STIPULATION TO DISMISS SIXTH CLAIM FOR RELIEF FOR IIED AND PLAINTIFF’S CLAIMS FOR NONECONOMIC DAMAGES

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BARBARA A. BLACKBURN, Bar No. 253731
LITTLER MENDELSON, P.C.
500 Capitol Mall, Suite 2000
Sacramento, CA 95814
Telephone: [phone]
Fax No.:
916.561.0828
Email: [e-mail]
Attorneys for Defendant
HEWLETT PACKARD ENTERPRISE COMPANY

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JEFFREY HO, Cal. Bar No. 313361
HEWETT PACKARD ENTERPRISE COMPANY
3000 Hanover Street
Mail Stop 1050
Palo Alto, CA 94304
Telephone: [phone]
Fax No.:
Email: [e-mail]
Attorneys for Defendant
HEWLETT PACKARD ENTERPRISE COMPANY

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LITTLE R MEND ELSO N, P .C .
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150

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Case No. 2:16−CV−02610−WBS−DB

STIPULATION TO DISMISS SIXTH CLAIM FOR RELIEF FOR IIED AND PLAINTIFF’S CLAIMS FOR NONECONOMIC DAMAGES

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Plaintiff Betty L. Ravel (“Plaintiff”) and Defendant Hewlett Packard Enterprise

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Company (incorrectly identified as Hewlett Packard Enterprise, Inc. in this lawsuit) (hereafter

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“HPE”), (Plaintiff and HPE are collectively referred to as the “Parties”) through their respective

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attorneys of record in this lawsuit, stipulate as follows:

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1.

Plaintiff’s Complaint contains a claim for relief for Intentional Infliction of

Emotional Distress (“IIED”).
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Through her IIED claim and her other claims for relief in her Complaint,

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Plaintiff seeks economic and non-economic damages including, but not limited to non-economic

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damages for alleged emotional distress, against HPE in this action.

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3.

Plaintiff identified her husband, Scott Ravel, as a witness who is likely to have

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discoverable information regarding her claims against HPE and who she may use to support her

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claims in this lawsuit.

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4.

HPE noticed the deposition of Scott Ravel and properly served him with a

deposition subpoena commanding his appearance and testimony.
5.

In exchange for HPE agreeing to take Scott Ravel’s deposition off calendar

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and not noticing his deposition in the future or calling him as a witness at trial, Plaintiff has agreed:

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(1) to withdraw Scott Ravel as a witness in this lawsuit; (2) to not call Scott Ravel as a witness, or

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directly or indirectly solicit any testimony whatsoever from him at the trial in this lawsuit; (3)

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dismiss her IIED claim for relief with prejudice; (4) dismiss all of her claims for all non-economic

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relief, including but not limited to any and all claims for damages for alleged emotional distress

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(including any alleged garden variety emotional distress or otherwise) with prejudice and waive any

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right to seek such damages in this lawsuit; (5) only seek damages for her alleged economic loss in

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this lawsuit; and (6) not present or attempt to present any evidence, including any documentary or

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testimonial evidence, of any alleged non-economic injury or damages at the trial in this matter,

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including, but not limited to any evidence of any alleged emotional distress.

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LITTLE R MEND ELSO N, P .C .
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150

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Case No. 2:16−CV−02610−WBS−DB

STIPULATION TO DISMISS SIXTH CLAIM FOR RELIEF FOR IIED AND PLAINTIFF’S CLAIMS FOR NONECONOMIC DAMAGES

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NOW, THEREFORE, the Parties respectfully request that the Court enter an order
granting the Parties’ stipulation as follows:
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HPE’s deposition of Scott Ravel shall be taken off calendar and shall not be

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Plaintiff shall withdraw Scott Ravel as a witness in this lawsuit and shall not

renoticed.

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call him as a witness at the trial in this lawsuit and shall not present, attempt to present, or rely on

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any testimony or other evidence by Scott Ravel in any pre-trial proceedings or at the trial in this

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lawsuit.

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3.

HPE shall not call Scott Ravel as a witness at the trial in this lawsuit.

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4.

Plaintiff’s IIED claim for relief shall be dismissed with prejudice.

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5.

Plaintiff’s claims for alleged non-economic damages/recovery of non-

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economic relief shall be dismissed from the lawsuit and Plaintiff shall not seek recovery of any non-

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economic relief in this lawsuit. Plaintiff’s recovery in this action, if any, shall be limited to proven

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economic loss.

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6.

Plaintiff shall not present or attempt to present any evidence, including any

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documentary or testimonial evidence, of any alleged non-economic injury or damages in any pre-

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trial proceedings or at the trial in this matter, including, but not limited to any evidence of any

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alleged emotional distress.

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IT IS SO STIPULATED.

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Dated: February 5, 2018
/s/ Benjamin A. Emmert
BENJAMIN A. EMMERT
LITTLER MENDELSON, P.C.
Attorneys for Defendant
HEWLETT PACKARD ENTERPRISE
COMPANY

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Dated: February 5, 2018

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/s/ David Graulich
DAVID GRAULICH
LAW PRACTICE OF DAVID GRAULICH
Attorneys for Plaintiff
BETTY L. RAVEL

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LITTLE R MEND ELSO N, P .C .
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150

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Case No. 2:16−CV−02610−WBS−DB

STIPULATION TO DISMISS SIXTH CLAIM FOR RELIEF FOR IIED AND PLAINTIFF’S CLAIMS FOR NONECONOMIC DAMAGES

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ORDER GRANTING STIPULATION

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Pursuant to the stipulation of Plaintiff Betty L. Ravel (“Plaintiff”) and Hewlett

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Packard Enterprise Company (“HPE”), the Court Orders as follows:
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HPE’s deposition of Scott Ravel shall be taken off calendar and shall not be

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Plaintiff shall withdraw Scott Ravel as a witness in this lawsuit and shall not

renoticed.

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call him as a witness at the trial in this lawsuit and shall not present, attempt to present, or rely on

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any testimony or other evidence by Scott Ravel in any pre-trial proceedings or at the trial in this

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lawsuit.

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3.

HPE shall not call Scott Ravel as a witness at the trial in this lawsuit.

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4.

Plaintiff’s IIED claim for relief shall be dismissed with prejudice.

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5.

Plaintiff’s claims for alleged non-economic damages/recovery of non-

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economic relief shall be dismissed from the lawsuit and Plaintiff shall not seek recovery of any non-

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economic relief in this lawsuit. Plaintiff’s recovery in this action, if any, shall be limited to proven

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economic loss.

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6.

Plaintiff shall not present or attempt to present any evidence, including any

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documentary or testimonial evidence, of any alleged non-economic injury or damages in any pre-

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trial proceedings or at the trial in this matter, including, but not limited to any evidence of any

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alleged emotional distress.

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IT IS SO ORDERED.

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Dated: February 6, 2018

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Firmwide:152669991.1 066902.1115

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LITTLE R MEND ELSO N, P .C .
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150

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Case No. 2:16−CV−02610−WBS−DB

STIPULATION TO DISMISS SIXTH CLAIM FOR RELIEF FOR IIED AND PLAINTIFF’S CLAIMS FOR NONECONOMIC DAMAGES