Filed: Apr. 17, 2019
Latest Update: Apr. 17, 2019
Summary: STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF PUNITIVE DAMAGES PRAYER AND ALLEGATIONS ANTHONY W. ISHII , Senior District Judge . IT IS HEREBY STIPULATED by Plaintiff KEITH ALLEN ("Plaintiff") and Defendant OMNI LIFE SCIENCE, INC. ("Defendant"), by and through their respective attorneys of record, to the following: 1. That Plaintiff dismisses and strikes from his Complaint his Prayer for Relief of punitive and exemplary damages as follows: a) Prayer for Relief, paragraph 3, line
Summary: STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF PUNITIVE DAMAGES PRAYER AND ALLEGATIONS ANTHONY W. ISHII , Senior District Judge . IT IS HEREBY STIPULATED by Plaintiff KEITH ALLEN ("Plaintiff") and Defendant OMNI LIFE SCIENCE, INC. ("Defendant"), by and through their respective attorneys of record, to the following: 1. That Plaintiff dismisses and strikes from his Complaint his Prayer for Relief of punitive and exemplary damages as follows: a) Prayer for Relief, paragraph 3, line 4..
More
STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF PUNITIVE DAMAGES PRAYER AND ALLEGATIONS
ANTHONY W. ISHII, Senior District Judge.
IT IS HEREBY STIPULATED by Plaintiff KEITH ALLEN ("Plaintiff") and Defendant OMNI LIFE SCIENCE, INC. ("Defendant"), by and through their respective attorneys of record, to the following:
1. That Plaintiff dismisses and strikes from his Complaint his Prayer for Relief of punitive and exemplary damages as follows:
a) Prayer for Relief, paragraph 3, line 4: "Punitive and exemplary damages in an amount to be determined at trial."
2. That Plaintiff dismisses and strikes from his Complaint any and all allegations that Defendant, or its agents, officers, employees, acted with malice, oppression, or fraud, as such conducts are defined in the Judicial Council of California Civil Jury Instructions (CACI) section 3947 and the pertinent case law as justifying an award for punitive damages. Specifically, the following allegations:
a) Count I, paragraph 27, line:15-17, "Omni's conduct was done in conscious disregard of the foreseeable harm caused by the Apex Hip System and in conscious disregard for the rights and safety of consumers such as Plaintiff."
b) Count II, paragraph 34, line:9, "Omni maliciously, recklessly[.]"
c) Count II, paragraph 35, line: 12, "Omni maliciously, recklessly[.]"
d) Count II, paragraph 36, line:17, "Omni maliciously, recklessly[.]"
e) Count II, paragraph 37, line:20, "Omni maliciously, recklessly[.]"
f) Count II, paragraph 38, line:23-25, "Omni's conduct was done in conscious disregard of the foreseeable harm caused by the Hip System and in conscious disregard for the rights and safety of consumers such as Plaintiff."
3. The dismissals stipulated hereto are without prejudice and with leave to refile following the close of fact discovery in this action.
IT IS SO STIPULATED.
[PROPOSED] ORDER
Based upon the stipulation of the parties and good cause appearing, the Court hereby ORDERS:
1. That Plaintiff dismisses and strikes from his Complaint his Prayer for Relief of punitive and exemplary damages as follows:
(a) Prayer for Relief, paragraph 3, line 4: "Punitive and exemplary damages in an amount to be determined at trial."
2. That Plaintiff dismisses and strikes from his Complaint any and all allegations that Defendant, or its agents, officers, employees, acted with malice, oppression, or fraud, as such conducts are defined in the Judicial Council of California Civil Jury Instructions (CACI) section 3947 and the pertinent case law as justifying an award for punitive damages. Specifically, the following allegations:
a) Count I, paragraph 27, line:15-17, "Omni's conduct was done in conscious disregard of the foreseeable harm caused by the Apex Hip System and in conscious disregard for the rights and safety of consumers such as Plaintiff."
b) Count II, paragraph 34, line:9, "Omni maliciously, recklessly[.]"
c) Count II, paragraph 35, line: 12, "Omni maliciously, recklessly[.]"
d) Count II, paragraph 36, line:17, "Omni maliciously, recklessly[.]"
e) Count II, paragraph 37, line:20, "Omni maliciously, recklessly[.]"
f) Count II, paragraph 38, line:23-25, "Omni's conduct was done in conscious disregard of the foreseeable harm caused by the Hip System and in conscious disregard for the rights and safety of consumers such as Plaintiff."
3. The dismissals stipulated hereto are without prejudice and with leave to refile following the close of fact discovery in this action.
IT IS SO ORDERED.
