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Gonzales v. Laboratory Corporation of America Holdings, 4:16-cv-07346-HSG. (2018)

Court: District Court, N.D. California Number: infdco20180605876 Visitors: 21
Filed: Jun. 04, 2018
Latest Update: Jun. 04, 2018
Summary: STIPULATION OF CONDITIONAL DISMISSAL AND [PROPOSED] ORDER HAYWOOD S. GILLIAM, JR. , District Judge . WHEREAS, on June 1, 2018, Plaintiff JEANNIE GONZALES ("Plaintiff") and Defendant LABORATORY CORPORATION OF AMERICA HOLDINGS ("Defendant") fully executed a Confidential Settlement, Waiver, and Release Agreement ("Agreement") that will not be fully performed until thirty-five (35) days from the date of the Agreement; WHEREAS, the parties wish to dismiss the action upon completion of the
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STIPULATION OF CONDITIONAL DISMISSAL AND [PROPOSED] ORDER

WHEREAS, on June 1, 2018, Plaintiff JEANNIE GONZALES ("Plaintiff") and Defendant LABORATORY CORPORATION OF AMERICA HOLDINGS ("Defendant") fully executed a Confidential Settlement, Waiver, and Release Agreement ("Agreement") that will not be fully performed until thirty-five (35) days from the date of the Agreement;

WHEREAS, the parties wish to dismiss the action upon completion of the thirty-five (35) day period, conditioned upon the satisfaction of all conditions that need to be satisfied under the Agreement;

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;

NOW, THEREFORE,

1. Pursuant to the terms set forth below, Jeannie Gonzales and Laboratory Corporation of America Holdings, by and through their respective attorneys of record, hereby stipulate to conditionally dismiss all of the claims in this action; 2. This dismissal is subject to satisfaction in full of all conditions precedent to dismissal set forth in the Agreement; 3. During the thirty-five (35) day period and while this conditional dismissal is in effect, the June 11, 2018 trial is vacated; and 4. Once the thirty-five (35) day period has passed and the conditions precedent to dismissal have been satisfied, the parties shall file a stipulation of dismissal, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), and this conditional dismissal shall become a final dismissal with prejudice, each side to bear its own costs and attorneys' fees.

PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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