Filed: Oct. 16, 2014
Latest Update: Oct. 16, 2014
Summary: STIPULATION OF DISMISSAL WITH PREJUDICE AND ORDER [FRCP 41(a)(1)(A)(ii)] JOHN A. MENDEZ, District Judge. Plaintiff SUSI McFARLAND and Defendant TIM BIRMINGHAM, by and through their respective attorneys of record herein, hereby stipulate as follows: 1. Plaintiff has agreed to dismiss, with prejudice, the following causes of action against Defendant TIM BIRMINGHAM ONLY: • Plaintiff's Third Cause of Action — Age discrimination/hostile work environment; • Plaintiff's Fourth Cause of Action — Fa
Summary: STIPULATION OF DISMISSAL WITH PREJUDICE AND ORDER [FRCP 41(a)(1)(A)(ii)] JOHN A. MENDEZ, District Judge. Plaintiff SUSI McFARLAND and Defendant TIM BIRMINGHAM, by and through their respective attorneys of record herein, hereby stipulate as follows: 1. Plaintiff has agreed to dismiss, with prejudice, the following causes of action against Defendant TIM BIRMINGHAM ONLY: • Plaintiff's Third Cause of Action — Age discrimination/hostile work environment; • Plaintiff's Fourth Cause of Action — Fai..
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STIPULATION OF DISMISSAL WITH PREJUDICE AND ORDER [FRCP 41(a)(1)(A)(ii)]
JOHN A. MENDEZ, District Judge.
Plaintiff SUSI McFARLAND and Defendant TIM BIRMINGHAM, by and through their respective attorneys of record herein, hereby stipulate as follows:
1. Plaintiff has agreed to dismiss, with prejudice, the following causes of action against Defendant TIM BIRMINGHAM ONLY:
• Plaintiff's Third Cause of Action — Age discrimination/hostile work environment;
• Plaintiff's Fourth Cause of Action — Failure to prevent discrimination;
• Plaintiff's Fifth Cause of Action — Constructive termination in violation of public policy.
2. The parties agree that the sole remaining causes of action against Defendant BIRMINGHAM are Plaintiff's First Cause of Action for sex harassment/discrimination in violation of Title VII of the Civil Rights Act; and Plaintiff's Second Cause of action for sex harassment/discrimination in violation of FEHA;
3. Each party agrees to bear their own attorneys' fees and costs associated with the causes of action dismissed; and
4. Accordingly, the parties jointly request the Court to dismiss Plaintiff's Third, Fourth and Fifth Causes of Action as asserted against Defendant BIRMINGHAM only.
ORDER OF DISMISSAL WITH PREJUDICE
Having considered the parties Stipulation of Dismissal as to plaintiff's Third, Fourth and Fifth Causes of Action against Defendant TIM BIRMINGHAM and for good cause appearing, it is hereby ORDERED:
Plaintiff's Third, Fourth and Fifth Causes of Action asserted against Defendant TIM BIRMINGHAM only are dismissed with prejudice as to Defendant BIRMINGHAM with each party to bear their own attorney's fees and costs as to the Third, Fourth and Fifth Causes of Action.
