Gonzales v. Laboratory Corporation of America Holdings

Filing 54

ORDER by Judge Haywood S. Gilliam, Jr. Granting 53 Stipulation For Conditional Dismissal.(ndrS, COURT STAFF) (Filed on 6/4/2018)

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LAW OFFICES OF ERIC M. LIGHTMAN
Eric M. Lightman (SBN 288791)
1254 Mission St.
San Francisco, CA 94103
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiff,
JEANNIE GONZALES

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND

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JEANNIE GONZALES, an individual,
Plaintiff,

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Case No.

4:16-cv-07346-HSG

[Assigned to the Hon. Judge Haywood S.
Gilliam]

vs.
STIPULATION OF CONDITIONAL
DISMISSAL AND [PROPOSED] ORDER

LABORATORY CORPORATION OF
AMERICA HOLDINGS, a Delaware
Corporation; and DOES 1–50,
Defendants.

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STIPULATION OF CONDITIONAL DISMISSAL AND [PROPOSED] ORDER
4:16-CV-07346-HSG

WHEREAS, on June 1, 2018, Plaintiff JEANNIE GONZALES (“Plaintiff”) and Defendant

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LABORATORY CORPORATION OF AMERICA HOLDINGS (“Defendant”) fully executed a
Confidential Settlement, Waiver, and Release Agreement (“Agreement”) that will not be fully

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performed until thirty-five (35) days from the date of the Agreement;
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WHEREAS, the parties wish to dismiss the action upon completion of the thirty-five (35) day

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period, conditioned upon the satisfaction of all conditions that need to be satisfied under the

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Agreement;

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WHEREAS, on May 29, 2018, the Court ordered the parties to file pre-trial documents or a
Stipulated Dismissal on or before June 1, 2018;

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NOW, THEREFORE,

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1.

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Pursuant to the terms set forth below, Jeannie Gonzales and Laboratory

Corporation of America Holdings, by and through their respective attorneys of record, hereby

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stipulate to conditionally dismiss all of the claims in this action;

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2.

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This dismissal is subject to satisfaction in full of all conditions precedent to

dismissal set forth in the Agreement;

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3.

During the thirty-five (35) day period and while this conditional dismissal is in

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effect, the June 11, 2018 trial is vacated; and
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4.

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Once the thirty-five (35) day period has passed and the conditions precedent to

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dismissal have been satisfied, the parties shall file a stipulation of dismissal, pursuant to

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Federal Rule of Civil Procedure 41(a)(1)(A)(ii), and this conditional dismissal shall become a

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final dismissal with prejudice, each side to bear its own costs and attorneys’ fees.

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STIPULATION OF CONDITIONAL DISMISSAL AND [PROPOSED] ORDER
4:16-CV-07346-HSG

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LAW OFFICES OF ERIC M. LIGHTMAN

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Dated: June 1, 2018

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By: /s/ Eric M. Lightman
Eric Lightman
Attorney for Plaintiff
JEANNIE GONZALES

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K&L GATES LLP

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Dated: June 1, 2018

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By: /s/ Christopher K. Kondon
Christopher J. Kondon
Saman M. Rejali
Kate G. Hummel

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Attorneys for Defendant
LABORATORY CORPORATION OF
AMERICA HOLDINGS

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PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED.

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Dated: _______________________
6/4/2018

_____________________________
Honorable Haywood S. Gilliam, Jr.
United States District Judge

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STIPULATION OF CONDITIONAL DISMISSAL AND [PROPOSED] ORDER
4:16-CV-07346-HSG