Fisher v. Wells Fargo & Company et al

Filing 44

STIPULATION AND ORDER re 39 Stipulation filed by Daniel Fisher. Signed by Magistrate Judge Elizabeth D. Laporte on February 26, 2009. (edllc2, COURT STAFF) (Filed on 2/26/2009)

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R. SCOTT OSWALD, pro hac vice JASON M. ZUCKERMAN, pro hac vice THE EMPLOYMENT LAW GROUP, P.C. 888 17th Street, NW, Suite 900 Washington, D.C. 20006 [e-mail] [e-mail] [phone] [phone] (facsimile) Attorneys for Plaintiff, DANIEL FISHER

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) DANIEL FISHER ) ) Plaintiff, ) ) v. ) ) WELLS FARGO & COMPANY, et al. ) ) ) Defendants. ) ) __________________________________________ STIPULATION 1. Plaintiff filed a Complaint on January 6, 2009. In the Prayer for Relief, Plaintiff Case No. 3:09-CV-0028 (EDL)

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STIPULATION AND [PROPOSED] ORDER ON DEFENDANTS' MOTION TO STRIKE

22 asked the Court to reinstate the Plaintiff to his former position, according to the terms set forth in 23
the Secretary of Labor's Findings and Order, "and to comply in all respects with the Order," pending issuance of a Final Order. 2. Defendants filed a Motion to Strike on January 27, 2009, asking the Court to

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27 strike the language that read, "and to comply in all respects with the Order." 28
CASE NO. 3:09-CV-0028 (EDL) STIPULATION AND [PROPOSED] ORDER ON DEFENDANTS' MOTION TO STRIKE

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3.

Defendants' Motion to Strike is specially set for hearing before this Court on

Thursday, February 26, 2009. April 14, 2009. 4. Subject to this Court's approval, Plaintiff and Defendants, through counsel,

stipulate that the words "and to comply in all respects with the Order" shall be stricken from the Prayer for Relief. 5. Defendants reserve all rights and objections relating to Plaintiff's inclusion of this

language in his original prayer for relief, including, without limitation, any claim to, or offset of, attorneys' fees and costs, and any other matter. IT IS SO STIPULATED. DATED: February 20, 2009 THE EMPLOYMENT LAW GROUP, PC

/S/ By ___________________________ Jason M. Zuckerman R. Scott Oswald Attorneys for Plaintiff

17 DATED: February 20, 2009 18 19 20 21 22 23 24
26 26 DATED: February ___, 2009 IT IS SO ORDERED.

REED SMITH LLP

/S/ By ____________________________ Lisa M. Carvalho Eric Wallis Renee Feldman Attorneys for Defendants

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CASE NO. 3:09-CV-0028 (EDL) STIPULATION AND [PROPOSED] ORDER ON DEFENDANTS' MOTION TO STRIKE

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_______________ORDERE________ _____ D O IT IS S Hon. Elizabeth D. Laporte United States MagistrateapJudge orte eth D. L
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