Van de Streek v. National Railroad Passenger Corporation

Filing 54

ORDER APPROVING JOINT STIPULATION OF DISMISSAL OF PLAINTIFF'S NINTH CLAIM WITH PREJUDICE. Signed by Judge Maxine M. Chesney on March 3, 2014. (mmclc1, COURT STAFF) (Filed on 3/3/2014)

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LAW OFFICES OF MATTHEW J. WITTEMAN
MATTHEW JOSEPH WITTEMAN (SBN 142472)
711 Grand Avenue, Suite 130
San Rafael, CA 94901
Tel:
415.362.3106
E-mail: [e-mail]

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Attorneys for Plaintiff
LUEREAN VAN de STREEK

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MORGAN, LEWIS & BOCKIUS LLP
ROBERT JON HENDRICKS (SBN 179751)
KATHERINE H. DICK (SBN 273688)
One Market Street, Spear Street Tower
San Francisco, CA 94105
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Defendant
NATIONAL RAILROAD PASSENGER
CORPORATION d/b/a AMTRAK

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LUEREAN VAN de STREEK,

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Plaintiff,
vs.

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Case No. 4:13-CV-02282-MMC

JOINT STIPULATION AND
[PROPOSED] ORDER OF DISMISSAL
OF PLAINTIFF’S NINTH CLAIM FOR
RELIEF WITH PREJUDICE

NATIONAL RAILROAD PASSENGER
CORPORATION, dba AMTRAK, and
DOES 1-50

AND ORDER THEREON

Defendants.

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Complaint Filed: May 20, 2013
Trial: February 9, 2015

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DB1/ 78024147.1

JOINT STIPULATION OF DISMISSAL OF
PLAINTIFF’S NINTH CLAIM FOR RELIEF
WITH PREJUDICE
[FRCP 41(A)(1)(A)(II)]
4:13-CV-02282-MMC

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Plaintiff Luerean Van de Streek (“Plaintiff”) and Defendant National Railroad Passenger
Corporation d/b/a Amtrak (“Defendant”) (collectively, the “Parties”) hereby stipulate, by and
through their respective counsel, as follows:

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WHEREAS, Plaintiff’s Ninth Claim for Relief in Plaintiff’s First Amended Complaint
(“FAC”) is a claim for the intentional infliction of emotional distress;

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WHEREAS, pursuant to Federal Rules of Civil Procedure (“FRCP”) Rule 41(a)(1)(A)(ii),
the Parties to this action stipulate to the dismissal of Plaintiff’s Ninth Claim for Relief with
prejudice, each party to bear their own costs and fees;

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and through the
Parties’ respective counsel, as follows:

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Plaintiff’s Ninth Claim of Relief for intentional infliction of emotional distress in
Plaintiff’s FAC is hereby dismissed with prejudice pursuant to FRCP Rule 41(a)(1)(A)(ii), each
party to bear their own costs and fees.

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Plaintiff will limit her claim to the type of emotional distress, mental suffering, grief, and
anxiety that an otherwise healthy person could be expected to experience given her
circumstances, i.e., will not make a claim of a specific mental or psychiatric injury, and will not
offer expert testimony on the subject.

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Defendant will not pursue a FRCP 35 psychiatric examination of plaintiff. If defendant
nevertheless attempts to offer expert testimony on plaintiff’s mental health or psychiatric
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DB1/ 78024147.1

JOINT STIPULATION OF DISMISSAL OF
PLAINTIFF’S NINTH CLAIM FOR RELIEF
WITH PREJUDICE
[FRCP 41(A)(1)(A)(II)]
4:13-CV-02282-MMC

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injury, plaintiff may respond in kind.

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IT IS SO STIPULATED.

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Dated: February 28, 2014

LAW OFFICES OF MATTHEW J. WITTEMAN

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By (s) Matthew Joseph Witteman
MATTHEW JOSEPH WITTEMAN

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Attorneys for Plaintiff
LUEREAN VAN DE STREEK

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Dated: February 28, 2014

MORGAN, LEWIS & BOCKIUS LLP

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By: /s/ Katherine H. Dick
KATHERINE H. DICK

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Attorneys for Defendant
NATIONAL RAILROAD PASSENGER
CORPORATION, dba AMTRAK

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DB1/ 78024147.1

JOINT STIPULATION OF DISMISSAL OF
PLAINTIFF’S NINTH CLAIM FOR RELIEF
WITH PREJUDICE
[FRCP 41(A)(1)(A)(II)]
4:13-CV-02282-MMC

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[PROPOSED] ORDER

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Pursuant to Plaintiff Luerean Van de Streek’s and Defendant National Railroad Passenger

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Corporation d/b/a Amtrak’s (collectively, “the Parties”) Joint Stipulation and for GOOD CAUSE

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appearing, the Joint Stipulation is approved. The Court hereby orders as follows:

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Plaintiff’s Ninth Claim of Relief for intentional infliction of emotional distress in
Plaintiff’s First Amended Complaint is hereby dismissed with prejudice pursuant to FRCP Rule
41(a)(1)(A)(ii), each party to bear their own costs and fees.

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Plaintiff shall limit her claim to the type of emotional distress, mental suffering, grief, and

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anxiety that an otherwise healthy person could be expected to experience given her

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circumstances, i.e., will not make a claim of a specific mental or psychiatric injury, and will not

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offer expert testimony on the subject.

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Defendant shall not pursue a FRCP 35 psychiatric examination of plaintiff. If defendant

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nevertheless attempts to offer expert testimony on plaintiff’s mental health or psychiatric

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injury, plaintiff may respond in kind.

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IT IS SO ORDERED.

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Dated: March 3 2014
________,

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By:

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THE HON. MAXINE M. CHESNEY
UNITED STATES
SENIOR DISTRICT COURT JUDGE

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DB1/ 78024147.1

JOINT STIPULATION OF DISMISSAL OF
PLAINTIFF’S NINTH CLAIM FOR RELIEF
WITH PREJUDICE
[FRCP 41(A)(1)(A)(II)]
4:13-CV-02282-MMC