Nijem v. U.S. Bankcorp et al

Filing 23

ORDER Granting re 22 Stipulation for Dismissal of Plaintiff's Claim for Assault and Battery. Signed by Judge Claudia Wilken on 12/20/2011. (ndr, COURT STAFF) (Filed on 12/20/2011)

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BRIAN L. JOHNSRUD, State Bar No. 184474
PATRICK M. SHERMAN, State Bar No. 229959
CURLEY, HESSINGER & JOHNSRUD LLP
530 Lytton Avenue, 2nd Floor
Palo Alto, CA 94301
Telephone:
650.617.3268
Facsimile:
650.617.3269
E-mail: [e-mail]
[e-mail]
Attorneys for Defendants
U.S. BANCORP dba U.S. BANK, a Delaware
Corporation; U.S. BANK NATIONAL
ASSOCIATION; and CHRIS DELEGANS, an
individual
BETH W. MORA, State Bar No. 208859
ELENA N. LIVERIS, Sate Bar No. 262973
COOPER & MORA, APC
18 Crow Canyon Court, Suite 145
San Ramon, CA 94583
Telephone:
925.820.8498
Facsimile:
925.820.0278
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiff
HAISAM NIJEM

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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HAISAM NIJEM,
Plaintiff,

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Case No. 11-04042 CW

v.

[PROPOSED] STIPULATED DISMISSAL
OF PLAINTIFF’S CLAIM FOR ASSAULT
AND BATTERY

U.S. BANCORP dba U.S. BANK, a
Delaware Corporation; U.S. BANK
NATIONAL ASSOCIATION; CHRIS
DELEGANS, an individual; and DOES 150,
Defendants.

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STIPULATED DISMISSAL OF PLAINTIFF’S
CLAIM FOR ASSAULT AND BATTERY
CASE NO. 11-04042 CW

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WHEREAS, on October 26, 2011, the Court issued an Order Denying Plaintiff’s Motion

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for Remand, and noted that Plaintiff insufficiently alleged that Defendant Delegans engaged in a

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willful and unprovoked physical act of aggression against Plaintiff so as to survive workers’

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compensation preemption of Plaintiff’s Sixth Cause of Action for Assault and Battery;

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WHEREAS, the Court’s October 26, 2011 Order provided Plaintiff with one week to file

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an amended complaint with allegations to correct the deficiencies identified in the Court’s Order;

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WHEREAS, Plaintiff has elected not to file an amended complaint;

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NOW, THEREFORE, the Parties stipulate that Plaintiff’s Sixth Cause of Action for

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Assault and Battery shall be and hereby is dismissed without prejudice as to all Defendants, that

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Defendant Chris Delegans shall be and is dismissed from the case without prejudice, and that no

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Defendant shall seek attorney’s fees or costs relating to the stipulated dismissal of Plaintiff’s

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Sixth Cause of Action for Assault and Battery.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Dated: December 16, 2011

COOPER & MORA, APC

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By

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Dated: December 16, 2011

/s/ Beth W. Mora
BETH W. MORA
Attorneys for Plaintiff

CURLEY, HESSINGER & JOHNSRUD LLP

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By

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/s/ Brian L. Johnsrud
BRIAN L. JOHNSRUD
Attorneys for Defendants

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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12/20/2011
DATED: ________________________

_____________________________________
HON. CLAUDIA WILKEN
United States District Judge

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STIPULATED DISMISSAL OF PLAINTIFF’S
CLAIM FOR ASSAULT AND BATTERY
CASE NO. 11-04042 CW