Pitcher v. Arrow Electronics, Inc.

Filing 81

ORDER DISMISSING CASE. Signed by Judge Lucy H. Koh on 5/9/2011. (lhklc2, COURT STAFF) (Filed on 5/9/2011)

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1 2 3 4 5 6 7 8 9 10 11 12 Aaron A. Roblan, State Bar No. 244308 aaron.roblan@ogletreedeakins.com Erica K. Rocush, State Bar No. 262354 erica.rocush@ogletreedeakins.com, OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Steuart Tower, Suite 1300 One Market Plaza San Francisco, CA 94105 Telephone: 415.442.4810 Facsimile: 415.442.4870 Attorneys for Defendant Arrow Electronics, Inc. Mark C. Peters, State Bar No. 160611 mark@dplolaw.com DUCKWORTH PETERS LEBOWITZ OLIVIER LLP 100 Battery Street, Suite 1800 San Francisco, CA 94104 Telephone: (415) 433-0333 Facsimile: (415) 449-6556 Attorneys for Plaintiff Laraine Pitcher UNITED STATES DISTRICT COURT 13 FOR THE NORTHERN DISTRICT OF CALIFORNIA 14 15 Case No. C 10-01759 LHK LARAINE PITCHER 16 Plaintiff, 17 v. 18 19 20 21 STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF COMPLAINT WITH PREJUDICE PURSUANT TO FRCP 41 ARROW ELECTRONICS, INC., a New York corporation, Defendant. WHEREAS, Plaintiff Laraine Pitcher (“Plaintiff” or “Pitcher”) and Defendant Arrow 22 Electronics, Inc. (“Defendant” or “Arrow”) (collectively, “the Parties”) have agreed to fully 23 24 25 settle the instant action; WHEREAS, the Parties have entered into a settlement and executed a Confidential 26 Settlement Agreement resolving all of Plaintiff’s claims against Defendant, including all claims 27 arising under the Federal Age Discrimination in Employment Act (“ADEA,” 29 U.S.C. § 621, et. 28 seq.) in exchange for valuable consideration; 10243959_1 Case No. C 10-01754 LHK STIPULATION AND PROPOSED ORDER OF DISMISSAL 1 NOW THEREFORE, the Parties hereby jointly and respectfully request that the Court, 2 pursuant to Federal Rule of Civil Procedure 41(a)(1), discontinue and dismiss with prejudice the 3 above-titled action as to all parties, with each party bearing her or its own fees and costs. 4 5 DATED: May 9, 2011 6 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 7 8 By: /s/ Erica K. Rocush __________________ Aaron A. Roblan Erica K. Rocush Attorneys for Defendant Arrow Electronics, Inc. 9 10 11 12 DATED: May 9, 2011 DUCKWORTH PETERS LEBOWITZ OLIVIER LLP 13 14 15 By: /s/ Mark C. Peters Mark C. Peters Attorneys for Plaintiff Laraine Pitcher 16 17 18 19 20 21 22 23 24 25 26 27 28 10243959_1 2 Case No. C 10-01754 LHK STIPULATION AND PROPOSED ORDER OF DISMISSAL 1 [PROPOSED] ORDER 2 Having been advised by the Parties that a Settlement Agreement was entered into, 3 pursuant to which Plaintiff Laraine Pitcher has agreed to release all claims, including all claims 4 arising under the Federal Age Discrimination in Employment Act (“ADEA,” 29 U.S.C. § 621, et. 5 6 seq.) against defendant Arrow Electronics, Inc. in exchange for valuable consideration, the matter of Laraine Pitcher v. Arrow Electronics, Inc., et al., United States District Court, 7 Northern District of California, Case No. C 10-01754 LHK, is, by reason of the settlement, 8 9 10 hereby dismissed with prejudice in its entirety as to all parties, each party to bear her or its own costs and fees. The Clerk shall close the file. 11 12 IT IS SO ORDERED. 13 14 15 May 9, 2011 Dated:_____________________ ______________________________ Hon. Lucy Koh United States District Court 16 17 18 19 20 21 22 23 24 25 26 27 28 10243959_1 3 Case No. C 10-01754 LHK STIPULATION AND PROPOSED ORDER OF DISMISSAL

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