Filed: May 27, 2014
Latest Update: May 27, 2014
Summary: JOINT STIPULATION TO DISMISS WITHOUT PREJUDICE CERTAIN OF PLAINTIFF'S CLAIMS AND TO AMEND FIRST AMENDED COMPLAINT ACCORDINGLY; [PROPOSED] ORDER [FRCP 41(a)(2) and 15(a] PHYLLIS J. HAMILTON, District Judge. Plaintiff Patricia Racelis ("Plaintiff") and Defendant East Bay Integrated Care, Inc., dba Hospice of the East Bay ("HEB"), by and through their respective counsel of record, hereby stipulate that the following claims in Plaintiff's First Amended Complaint will be dismissed without pr
Summary: JOINT STIPULATION TO DISMISS WITHOUT PREJUDICE CERTAIN OF PLAINTIFF'S CLAIMS AND TO AMEND FIRST AMENDED COMPLAINT ACCORDINGLY; [PROPOSED] ORDER [FRCP 41(a)(2) and 15(a] PHYLLIS J. HAMILTON, District Judge. Plaintiff Patricia Racelis ("Plaintiff") and Defendant East Bay Integrated Care, Inc., dba Hospice of the East Bay ("HEB"), by and through their respective counsel of record, hereby stipulate that the following claims in Plaintiff's First Amended Complaint will be dismissed without pre..
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JOINT STIPULATION TO DISMISS WITHOUT PREJUDICE CERTAIN OF PLAINTIFF'S CLAIMS AND TO AMEND FIRST AMENDED COMPLAINT ACCORDINGLY; [PROPOSED] ORDER
[FRCP 41(a)(2) and 15(a]
PHYLLIS J. HAMILTON, District Judge.
Plaintiff Patricia Racelis ("Plaintiff") and Defendant East Bay Integrated Care, Inc., dba Hospice of the East Bay ("HEB"), by and through their respective counsel of record, hereby stipulate that the following claims in Plaintiff's First Amended Complaint will be dismissed without prejudice and that, by force of this stipulation and Order, Ms. Racelis' First Amended Complaint will be amended as follows:
1. Plaintiff's Third Cause of Action for failure to pay overtime under the FLSA is dismissed without prejudice;
2. Plaintiff's Eleventh Cause of Action for failure to provide reasonable accommodation under the ADA is dismissed without prejudice;
3. Plaintiff's Twelfth Cause of Action for retaliation and discrimination on the basis of disability under the ADA;
4. Plaintiff's Thirteenth Cause of Action for retaliation and interference will be amended to remove and dismiss, without prejudice, Plaintiff's claims under the FMLA, 29 U.S.C. §§ 2601, et seq., 2611(4)(A)(ii)(i), 2617(a)(1)(A)(iii), and 29 CFR § 825.104(d) but the portions that rely on California law will continue as part of the lawsuit; and
5. Plaintiff's Prayer for Relief at sections 7 and 10 will be amended to eliminate reliance on the FLSA, FMLA and ADA, without prejudice;
Therefore, Plaintiff's First Amended Complaint, filed in Contra Costa County Superior Court on February 11, 2014 and removed to this court by HEB on March 20, 2014 shall be deemed so amended by this Order.
Because this amendment limits existing claims but does not add any new claims, HEB's currently operative Answer, filed in Contra Costa County Superior Court on March 20, 2014, shall continue to be its currently operative Answer.
IT IS SO STIPULATED.
[PROPOSED] ORDER
PURSUANT TO STIPULATION AND FOR GOOD CAUSE, IT IS SO ORDERED.
