Peilin Chang v. American Airlines, Inc.
Filing
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ORDER by Judge Haywood S. Gilliam, Jr. Granting 86 Stipulation Re Docket No. 45 . ( 45 Motion for Sanctions is withdrawn pursuant to the stipulation). (ndrS, COURT STAFF) (Filed on 3/10/2017)
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TIMOTHY J. RYAN, SBN 99542
REBEKKA R. MARTORANO, SBN 173600
THE RYAN LAW GROUP
400 Capitol Mall, Suite 2540
Sacramento, California 95814
Telephone: (916) 924-1912
Facsimile: (916) 923-3872
tryan@ryanlg.com
rmartorano@ryanlg.com
Attorneys for Defendant
American Airlines, Inc.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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PEILIN CHANG,
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Plaintiff,
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v.
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AMERICAN AIRLINES, INC.,
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Defendant.
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_____________________________________)
Case No. 15-cv-02604-HSG
[PROPOSED] STIPULATION AND
ORDER REGARDING DEFENDANT
AMERICAN AIRLINES INC.’S
MOTION FOR SANCTIONS
Date:
Time:
Courtroom
March 10, 2017
9:30 a.m.
G, 15th Floor
The Honorable Joseph C. Spero
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The parties in the above-captioned matter hereby stipulate as follows:
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1.
WHEREAS Defendant American Airlines, Inc. (“Defendant”) filed a motion for sanctions
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pursuant to Federal Rules of Civil Procedure, Rule 37 (Docket No. 45), currently scheduled
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to be heard by the Honorable Joseph C. Spero on March 10, 2017.
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2.
WHEREAS the relief sought by Defendant’s motion was dismissal of Plaintiff’s claim for
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loss of income, pursuant to FRCP Rule 37(b)(2)(A)(v) and FRCP Rule 37(c)(1)(C); or
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preclusion of Plaintiff from supporting her claim for loss of income, pursuant to FRCP Rule
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37(b)(2)(A)(ii) and FRCP Rule 37(c)(1)(C).
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3.
WHEREAS the parties have reached the following stipulation, thereby resolving the issues
raised in Defendant’s motion for sanctions:
[PROPOSED] STIPULATION AND ORDER REGARDING DEFENDANT AM ERICAN AIRLINES INC.’S
M OTION FOR SANCTIONS
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a.
Plaintiff hereby dismisses her claim for loss of income, and will not seek to offer any
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evidence at trial of an alleged loss of income or other economic losses resulting from
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the reduction or closure of her medical practice.
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b.
Plaintiff withdraws her economist expert Phillip Allman, Ph.D. and will not seek to
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offer his testimony at trial or any other evidence regarding any opinions developed
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by Dr. Allman.
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c.
Plaintiff will not offer any evidence of any mental suffering or emotional distress
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caused by alleged economic/financial losses. Plaintiff is not hereby precluded from
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testifying regarding the alleged loss of her profession.
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d.
Based on these stipulations, Defendant agrees to withdraw its motion for sanctions.
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IT IS SO STIPULATED.
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Dated: March 9, 2017
BROWNSTEIN THOMAS, LLP
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By:
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/s/ Mark Thomas
MARK THOMAS
Attorneys for plaintiff Peilin Chang
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Dated: March 9, 2017
THE RYAN LAW GROUP
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By:
/s/ Rebekka Martorano
REBEKKA R. MARTORANO
Attorneys for Defendant American Airlines,
Inc.
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[PROPOSED] STIPULATION AND ORDER REGARDING DEFENDANT AM ERICAN AIRLINES INC.’S
M OTION FOR SANCTIONS
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ORDER
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Based on the stipulation of the parties and good cause appearing, IT IS HEREBY ORDERED
that:
a.
Plaintiff’s claim for loss of income is hereby dismissed. Plaintiff is precluded from
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offering any evidence at trial of an alleged loss of income or any other economic
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losses resulting from the reduction or closure of her medical practice.
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b.
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The testimony of Phillip Allman, Ph.D. and any evidence regarding any opinions
developed by Dr. Allman is precluded.
c.
Plaintiff is precluded from offering any evidence of any mental suffering or
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emotional distress caused by alleged economic/financial losses. Plaintiff is not
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hereby precluded from testifying regarding the alleged loss of her profession.
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d.
Defendant’s motion for sanctions is therefore moot and is taken off calendar.
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IT IS SO ORDERED.
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Dated:______________________
3/10/2017
______________________________
Judge, United States District Court
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[PROPOSED] STIPULATION AND ORDER REGARDING DEFENDANT AM ERICAN AIRLINES INC.’S
M OTION FOR SANCTIONS
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