Vollmar v. International Business Machines Corporation

Filing 25

ORDER RE: STIPULATION OF DISMISSAL. The Court grants the stipulation and dismisses the Fourth, Seventh and Eighth Causes of Action and the request for punitive damages with prejudice. Signed by Judge Maxine M. Chesney on July 2, 2012. (mmclc2, COURT STAFF) (Filed on 7/2/2012)

1 H. Larry Elam III (SBN 178836)
LAW OFFICE OF H. LARRY ELAM III
2 2977 Ygnacio Valley Road, #267
Walnut Creek, California 94598
3 Telephone: [phone]
Facsimile: [phone]
4 E-mail: [e-mail]
5 Attorneys for Plaintiff DOAA VOLLMAR

LAW OFFICE OF H. LARRY ELAM III
2977 Ygnacio Valley Road, #267
Walnut Creek, CA 94596
Tel: [phone]
Fax: [phone]

6 Mitchell F. Boomer (State Bar No. 121441)
Douglas M. Bria (State Bar No. 226966)
7 JACKSON LEWIS LLP
199 Fremont Street, 10th Floor
8 San Francisco, California 94105
Telephone: [phone]
9 Facsimile: [phone]
E-mail: [e-mail]
10 E-mail: [e-mail]
11 Attorneys for INTERNATIONAL
BUSINESS MACHINES
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CASE NO: C-11-0629-MMC

15 DOAA VOLLMAR,
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STIPULATION OF DISMSSAL
AND ORDER

PLAINTIFF,

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v.
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19 INTERNATIONAL BUSINESS MACHINES
CORPORATION, a New York corporation
20 and DOES 1-20,
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DEFENDANTS.

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Plaintiff DOAA VOLLMAR ("Plaintiff") and Defendant INTERNATIONAL

24 BUSINESS MACHINES CORPORATION (hereinafter, "Defendant") file this
25 stipulation of dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(ii).
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1.

On January 10, 2011, Plaintiff commenced this lawsuit against

27 Defendant in the Superior Court of Contra Costa County, Case No. C-11-00067.
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-1STIPULATION OF DISMISSAL

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2.

Defendant removed the State Court action to this court on February 10,

3.

Plaintiff now moves to voluntarily dismiss the Fourth Cause of Action

2 2011.
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4 (Harassment); the Seventh Cause of Action (Breach of Implied in Fact Contract); the
5 Eighth Cause of Action (Breach of Implied Covenant of Good Faith and Fair Dealings);
6 and her request for punitive damages as contained in Complaint at paragraphs 40, 50,
7 60, 72, 78, 88, and 99 and in her prayer for relief.
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4.

Defendant, who has served an answer agrees to the dismissal.

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5.

This case is not a class action under Federal Rule of Civil Procedure 23, a

LAW OFFICE OF H. LARRY ELAM III
2977 Ygnacio Valley Road, #267
Walnut Creek, CA 94596
Tel: [phone]
Fax: [phone]

10 derivative action under Rule 23.1, or an action related to an unincorporated
11 association under Rule 23.2.
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6.

A receiver has not been appointed in this case.

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7.

This case is not governed by any federal statute that requires a court

14 order for dismissal of the case.
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8.

Plaintiff has not previously dismissed any federal or state court suite

16 based on or including the same claims as those presented in this case.
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9.

The dismissal is with prejudice.

18 Dated: June 15, 2011

LAW OFFICE OF H. LARRY ELAM III

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/s/ H. Larry Elam
H. Larry Elam III
Attorneys for Plaintiff DOAA VOLLMAR

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23 Dated: June 15, 2011

JACKSON LEWIS LLP

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/s/ Mitchell F. Boomer
Mitchell F. Boomer
Attorneys for Defendant INTERNATIONAL
BUSINESS MACHINES COMPANY

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-2STIPULATION OF DISMISSAL

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ORDER ON STIPULATION OF DISMISSAL
After considering the Parties stipulation of dismissal, the Court GRANTS the
stipulation and dismisses the Fourth, Seventh and Eighth Causes of Action and the
request for punitive damages with prejudice.
July 2, 2012
SIGNED on ____________________________

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___________________________________
HON. MAXINE M. CHESNEY
UNITED STATES. DISTRICT JUDGE

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LAW OFFICE OF H. LARRY ELAM III
2977 Ygnacio Valley Road, #267
Walnut Creek, CA 94596
Tel: [phone]
Fax: [phone]

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11 APPROVED & ENTRY REQUESTED:
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13 /s/ H. Larry Elam
H. Larry Elam III
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Attorneys for Plaintiff DOAA VOLLMAR
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-3STIPULATION OF DISMISSAL