Fan v. Lawrence Berkeley National Laboratory et al

Filing 29

STIPULATION AND ORDER FOR DISMISSAL OF DEFENDANTS LAWRENCE BERKELEY NATIONAL LABORATORY AND U.S. DEPARTMENT OF ENERGY AND ORDER REMANDING CASE. Signed by Judge Thelton E. Henderson on 09/17/2014. (tmi, COURT STAFF) (Filed on 9/18/2014)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21

MELINDA HAAG (CSBN 132612)
United States Attorney
ALEX G. TSE (CSBN 152348)
Chief, Civil Division
MICHELLE LO (NY Bar No. 4325163)
Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: [phone]
FAX: [phone]
[e-mail]
Attorneys for Defendants LAWRENCE BERKELEY
NATIONAL LABORATORY AND U.S. DEPARTMENT
OF ENERGY
Robert D. Eassa, Esq. (SBN 107970)
[e-mail]
SEDGWICK LLP
333 Bush Street, 30th Floor
San Francisco, CA 94101-2834
Tel: [phone]
Fax: [phone]
Attorneys for Defendant THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
Mary Shea Hagebols (SBN 113222)
SHEA LAW OFFICES
1814 Franklin Street, Suite 800
Oakland, CA 94612
Telephone: [phone]
FAX: [phone]
[e-mail]
Attorneys for Plaintiff ZHENBIN FAN

22
23
24
25
26
27
28

STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF DEFENDANTS
LAWRENCE BERKELEY NATIONAL LABORATORY AND U.S. DEPARTMENT OF ENERGY
AND FOR REMAND
CASE NO. 14-CV-02399 TEH
- 1

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3

SAN FRANCISCO DIVISION
4
5

ZHENBIN FAN,

6
7

CASE NO. 14-CV-02399 TEH

Plaintiff,
STIPULATION AND [PROPOSED]
ORDER FOR DISMISSAL OF
DEFENDANTS LAWRENCE BERKELEY
NATIONAL LABORATORY AND U.S.
DEPARTMENT OF ENERGY AND FOR
REMAND

v.

8
9
10

LAWRENCE BERKELEY NATIONAL
LABORATORY; REGENTS OF THE
UNIVERSITY OF CALIFORNIA; U.S.
DEPARTMENT OF ENERGY; AND DOES 1
THROUGH 20, INCLUSIVE,

11
12

Defendants.

13
14

Plaintiff ZHENBIN FAN and Defendants LAWRENCE BERKELEY NATIONAL

15

LABORATORY, U.S. DEPARTMENT OF ENERGY and THE REGENTS OF THE

16

UNIVERSITY OF CALIFORNIA hereby stipulate as follows:

17
18
19

1. Defendants LAWRENCE BERKELEY NATIONAL LABORATORY and U.S.
DEPARTMENT OF ENERGY were not Plaintiff’s employers, and Plaintiff was not a
federal employee, during the prior that he worked at Lawrence Berkeley National

20

Laboratory between June 15, 2012 and December 11, 2012.
21

2. Pursuant to Federal Rules of Civil Procedure, Rule 41(a)(2), Plaintiff ZHENBIN
22

FAN hereby dismisses LAWRENCE BERKELEY NATIONAL LABORATORY
23
24
25

and U.S. DEPARTMENT OF ENERGY by way of this stipulation.
3. Plaintiff ZHENBIN FAN and Defendants LAWRENCE BERKELEY NATIONAL

26

LABORATORY and U.S. DEPARTMENT OF ENERGY hereby agree and stipulate

27

to the dismissal of all claims against Defendants LAWRENCE BERKELEY

28

STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF DEFENDANTS
LAWRENCE BERKELEY NATIONAL LABORATORY AND U.S. DEPARTMENT OF ENERGY
AND FOR REMAND
CASE NO. 14-CV-02399 TEH
- 2

1

NATIONAL LABORATORY and U.S. DEPARTMENT OF ENERGY in this action
2

with prejudice.
3

4. This stipulation does not address Plaintiff ZHENBIN FAN’s claims against
4
5
6

Defendant THE REGENTS OF THE UNIVERSITY OF CALIFORNIA.
5. Plaintiff may file a Second Amended Complaint removing Defendants LAWRENCE

7

BERKELEY NATIONAL LABORATORY and U.S. DEPARTMENT OF ENERGY

8

and removing all federal claims;

9

6. The REGENTS hereby stipulate to remand this case to state court and that all federal

10

questions (giving rise to removal to this Court) have been eliminated from the

11

operative pleading.

12
13
14

7. Each party to this stipulation will bear its own costs and fees as to matters covered in
the stipulation.
IT IS SO STIPULATED.

15

DATED: September 15, 2014

_/S/ ___________________
MARY SHEA HAGEBOLS
Attorney for Plaintiff
ZHENBIN FAN

DATED: September 15, 2014

16

MELINDA HAAG
United States Attorney

17
18
19
20
21

_/s/___________________
Michelle Lo

22
23

Attorneys for Defendants Lawrence
Berkeley National Laboratory and U.S.
Department of Energy

24
25
26
27
28

STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF DEFENDANTS
LAWRENCE BERKELEY NATIONAL LABORATORY AND U.S. DEPARTMENT OF ENERGY
AND FOR REMAND
CASE NO. 14-CV-02399 TEH
- 3

1

SEDGWICK LLP

2
3

DATED: September 15, 2014

_ _____/s/______________
Robert Eassa

4

Attorneys for Defendants The
Regents of the University of California

5
6
7

(PROPOSED) ORDER

8
9
10

THE FOREGOING STIPULATION SHALL BE THE ORDER OF THE COURT.
IN PARTICULAR, PLAINTIFF’S COMPLAINT AGAINST DEFENDANTS LAWRENCE BERKELEY

11

NATIONAL LABORATORY AND U.S. DEPARTMENT OF ENERGY SHALL BE DISMISSED WITH

12

PREJUDICE, EACH SIDE TO BEAR THEIR OWN FEES AND COSTS.

13

FURTHER, IN LIGHT OF THE SECOND AMENDED COMPAINT AND THE REMOVAL OF ALL

14

FEDERAL QUESTIONS, THIS MATTER SHALL BE REMANDED TO THE SUPERIOR COURT OF

15

CALIFORNIA FOR THE COUNTY OF ALAMEDA.
IT IS SO ORDERED.

S

__________________________________
DERED
SO ORHENDERSON
HON. IT IS
THELTON E. IED
DF
United States DistrictI Judge
AS MO

20

e
lton E. H
dge The
u

ER

LI

J

24

A

H

23

RT

22

nderson

NO

21

R NIA

19

09/17
DATED: ________________, 2014

UNIT
ED

18

RT
U
O

17

S DISTRICT
TE
C
TA

FO

16

N

D IS T IC T
R

OF

C

25
26
27
28

STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF DEFENDANTS
LAWRENCE BERKELEY NATIONAL LABORATORY AND U.S. DEPARTMENT OF ENERGY
AND FOR REMAND
CASE NO. 14-CV-02399 TEH
- 4