Carlson v. United States Postal Service

Filing 65

STIPULATION AND ORDER 64 Re: Additional Partial Settlement and Partial Dismissal. Signed by Judge Ronald M. Whyte on 12/23/09. (jg, COURT STAFF) (Filed on 12/23/2009)

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JOSEPH P. RUSSONIELLO (CA SBN 44332) United States Attorney JOANN M. SWANSON (CA SBN 88143) Chief, Civil Division CLAIRE T. CORMIER (CA SBN 154364) Assistant United States Attorney 150 Almaden Blvd., Suite 900 San Jose, CA 95113-2009 Telephone: [phone] [e-mail] Attorneys for Defendant

*E-FILED - 12/23/09*

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) Plaintiff, ) ) ) v. ) ) UNITED STATES POSTAL SERVICE, ) ) Defendant. _______________________________________) DOUGLAS F. CARLSON, No. C-06-01578 RMW STIPULATION AND [] ORDER RE ADDITIONAL PARTIAL SETTLEMENT AND PARTIAL DISMISSAL

IT IS HEREBY STIPULATED AND AGREED by and between plaintiff Douglas
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Carlson ("Plaintiff") and defendant United States Postal Service (hereinafter the "Postal Service") as
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follows:
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1.
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The parties do hereby agree to settle, compromise and dismiss certain claims in the

above-captioned action ("This Action") under the terms and conditions set forth herein. 2.
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As anticipated in the previously-filed Stipulation and [Proposed] Order Re Partial

Settlement and Partial Dismissal, the Postal Service has undertaken certain actions relating to Counts 4, 5, 9, and 14 of This Action. Accordingly, Plaintiff hereby dismisses with prejudice Counts 4, 5, 9, and
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14 from This Action. Plaintiff hereby releases and forever discharges the Postal Service, any and all of
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its past and present officials, employees, agents, attorneys, successors, and assigns from any and all
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obligations, damages, liabilities, causes of actions, claims, and demands of any kind and nature
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whatsoever, whether suspected or unsuspected, arising in law or equity, arising from or by reason of any
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Stipulation And Order For Additional Partial Settlement C06-01578 RMW

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and all known, unknown, foreseen, or unforeseen injuries, and the consequences thereof, resulting from the processing of or the decisions relating to the FOIA requests at issue in Counts 4, 5, 9, and 14 of This Action. 3. 4. Counts 8 and 11 remain in This Action. The parties acknowledge that neither this agreement nor anything contained herein shall

constitute an admission of liability or fault on the part of the Postal Service or its agents, servants, or employees. This agreement is entered into by the parties for the purpose of compromising disputed claims and avoiding the expenses and risks of litigation. 5. This agreement may be pled as a full and complete defense to any action or other

proceeding, including any local, state or federal administrative action, involving any person or party which arises out of the claims released and discharged by this agreement. 6. The parties agree that the District Court shall retain jurisdiction over this matter for the

purposes of resolving any dispute alleging a breach of this agreement. 7. If any provision of this agreement shall be held invalid, illegal, or unenforceable, the

validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 8. This instrument shall constitute the entire agreement between the parties, and it is

expressly understood and agreed that this agreement has been freely and voluntarily entered into by the parties hereto. The parties further acknowledge that no warranties or representations have been made on any subject other than as set forth in this agreement. 9. The persons signing this agreement warrant and represent that they possess full authority

to bind the persons on whose behalf they are signing to the terms of the settlement. 10. This agreement may not be altered, modified or otherwise changed in any respect except

in writing, duly executed by all of the parties or their authorized representatives. // // // //
Stipulation And Order For Additional Partial Settlement C06-01578 RMW

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IT IS SO STIPULATED. Respectfully submitted,

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DATED: November 20, 2009
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JOSEPH P. RUSSONIELLO United States Attorney / s/ CLAIRE T. CORMIER Assistant United States Attorney / s/ ___________________________ DOUGLAS F. CARLSON Plaintiff

DATED: November 19, 2009
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XXXXXXXX [PROPOSED] ORDER Upon stipulation of the parties and good cause appearing, IT IS HEREBY ORDERED THAT

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Counts 4, 5, 9, and 11 are hereby dismissed from This Action with prejudice on the terms described in
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the above agreement between the parties.
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IT IS SO ORDERED.
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Stipulation And Order For Additional Partial Settlement C06-01578 RMW

12/23 Dated: ____________________, 2009

_____________________________________________ Ronald M. Whyte United States District Court Judge

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