MONK v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA (TIAA-CREF) et al

Filing 26

ORDER GRANTING AS MODIFIED 25 STIPULATION for filing First Amended Complaint. Signed by Judge Jeffrey S. White on June 12, 2015. (jswlc3, COURT STAFF) (Filed on 6/12/2015)

Case4:14-cv-04732-JSW Document25 Filed06/12/15 Page2 of 4

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

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CURTIS MONK, JR.,

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Plaintiff,

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ADISHIAN LAW GROUP, P.C.

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CASE NO. 4:14-cv-04732-JSW
Hon. Jeffrey S. White

V.
STIPULATION AND PROPOSED
ORDER DISMISSING CLAIMS
WITHOUT PREJUDICE AND
PERMITTING FILING OF FIRST
AMENDED COMPLAINT

TEACHERS INSURANCE AND
ANNUITY ASSOCIATION OF
AMERICA (TIAA-CREF); TIAACREF TRUST COMPANY, FSB;
KEVIN O’LEARY, an individual,
LANCE HALLAM, an individual,
and KATHIE ANDRADE, an
individual and DOES 1-50,
Inclusive,

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AS MODIFIED HEREIN

Defendants.

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IT IS HEREBY STIPULATED, by the parties to this action, by and through

17 their respective attorneys of record, as follows:
18 (1)

Plaintiff CURTIS MONK, JR. hereby dismisses without prejudice the cause

19 of action for wrongful termination in violation of public policy;
20 (2)

Plaintiff CURTIS MONK, JR. hereby dismisses without prejudice the cause

21 of action for intentional infliction of emotional distress;
22 (3)

Plaintiff CURTIS MONK, JR. hereby dismisses without prejudice the cause

23 of action for negligent infliction of emotional distress;
24 (4)

Plaintiff CURTIS MONK, JR. hereby dismisses without prejudice the cause

25 of action for retaliation;
26 (5)

Plaintiff CURTIS MONK, JR. shall file a First Amended Complaint, attached

27 hereto as Exhibit A, adding the causes of action and parties named therein;
28 (6)

The First Amended Complaint shall be deemed filed on the date the Order
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STIPULATION AND PROPOSED ORDER DISMISSING CLAIMS WITHOUT PREJUDICE AND
PERMITTING FILING OF FIRST AMENDED COMPLAINT

Case4:14-cv-04732-JSW Document25 Filed06/12/15 Page3 of 4

1 accompanying this Stipulation is signed by the Hon. Jeffrey S. White.
2 Dated: June 12, 2015
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ADISHIAN LAW GROUP, P.C.
By:

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/s/ Christopher M. Adishian
Christopher M. Adishian
Attorneys for Plaintiff

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MUNGER, TOLLES & OLSON LLP

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By:

ADISHIAN LAW GROUP, P.C.

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/s/ Malcolm A. Heinicke
Malcolm A. Heinicke
Bart H. Williams
Marja-Liisa Overbeck
Attorneys for Defendants

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Pursuant to Stipulation, IT IS SO ORDERED.

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The causes of action for wrongful termination in violation of public policy;

18 intentional infliction of emotional distress; negligent infliction of emotional distress;
19 and retaliation are dismissed without prejudice, and Plaintiff is granted leave to file
20 the First Amended Complaint, which shall be deemed filed on the date this Order is
21 entered. Plaintiff shall electronically file the Amended Complaint attached as an exhibit to this Order by
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June 16, 2015. If the amended complaint moots the placeholder hearing date set for July 24,
2015, the parties shall file a notice to that effect by June 16, 2015.

Dated: June 12, 2015

_______________________________
Judge of the U.S. District Court

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STIPULATION AND PROPOSED ORDER DISMISSING CLAIMS WITHOUT PREJUDICE AND
PERMITTING FILING OF FIRST AMENDED COMPLAINT