FAN v. LAWRENCE BERKELEY NATIONAL LABORATORY, 14-CV-02399 TEH. (2014)
Court: District Court, N.D. California
Number: infdco20140919753
Visitors: 3
Filed: Sep. 17, 2014
Latest Update: Sep. 17, 2014
Summary: STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF DEFENDANTS LAWRENCE BERKELEY NATIONAL LABORATORY AND U.S. DEPARTMENT OF ENERGY AND FOR REMAND THELTON E. HENDERSON, District Judge. Plaintiff ZHENBIN FAN and Defendants LAWRENCE BERKELEY NATIONAL LABORATORY, U.S. DEPARTMENT OF ENERGY and THE REGENTS OF THE UNIVERSITY OF CALIFORNIA hereby stipulate as follows: 1. Defendants LAWRENCE BERKELEY NATIONAL LABORATORY and U.S. DEPARTMENT OF ENERGY were not Plaintiff's employers, and Plaintiff was no
Summary: STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF DEFENDANTS LAWRENCE BERKELEY NATIONAL LABORATORY AND U.S. DEPARTMENT OF ENERGY AND FOR REMAND THELTON E. HENDERSON, District Judge. Plaintiff ZHENBIN FAN and Defendants LAWRENCE BERKELEY NATIONAL LABORATORY, U.S. DEPARTMENT OF ENERGY and THE REGENTS OF THE UNIVERSITY OF CALIFORNIA hereby stipulate as follows: 1. Defendants LAWRENCE BERKELEY NATIONAL LABORATORY and U.S. DEPARTMENT OF ENERGY were not Plaintiff's employers, and Plaintiff was not..
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STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF DEFENDANTS LAWRENCE BERKELEY NATIONAL LABORATORY AND U.S. DEPARTMENT OF ENERGY AND FOR REMAND
THELTON E. HENDERSON, District Judge.
Plaintiff ZHENBIN FAN and Defendants LAWRENCE BERKELEY NATIONAL LABORATORY, U.S. DEPARTMENT OF ENERGY and THE REGENTS OF THE UNIVERSITY OF CALIFORNIA hereby stipulate as follows:
1. Defendants LAWRENCE BERKELEY NATIONAL LABORATORY and U.S. DEPARTMENT OF ENERGY were not Plaintiff's employers, and Plaintiff was not a federal employee, during the prior that he worked at Lawrence Berkeley National Laboratory between June 15, 2012 and December 11, 2012.
2. Pursuant to Federal Rules of Civil Procedure, Rule 41(a)(2), Plaintiff ZHENBIN FAN hereby dismisses LAWRENCE BERKELEY NATIONAL LABORATORY and U.S. DEPARTMENT OF ENERGY by way of this stipulation.
3. Plaintiff ZHENBIN FAN and Defendants LAWRENCE BERKELEY NATIONAL LABORATORY and U.S. DEPARTMENT OF ENERGY hereby agree and stipulate to the dismissal of all claims against Defendants LAWRENCE BERKELEY NATIONAL LABORATORY and U.S. DEPARTMENT OF ENERGY in this action with prejudice.
4. This stipulation does not address Plaintiff ZHENBIN FAN's claims against Defendant THE REGENTS OF THE UNIVERSITY OF CALIFORNIA.
5. Plaintiff may file a Second Amended Complaint removing Defendants LAWRENCE BERKELEY NATIONAL LABORATORY and U.S. DEPARTMENT OF ENERGY and removing all federal claims;
6. The REGENTS hereby stipulate to remand this case to state court and that all federal questions (giving rise to removal to this Court) have been eliminated from the operative pleading.
7. Each party to this stipulation will bear its own costs and fees as to matters covered in the stipulation.
IT IS SO STIPULATED.
(PROPOSED) ORDER
THE FOREGOING STIPULATION SHALL BE THE ORDER OF THE COURT.
IN PARTICULAR, PLAINTIFF'S COMPLAINT AGAINST DEFENDANTS LAWRENCE BERKELEY NATIONAL LABORATORY AND U.S. DEPARTMENT OF ENERGY SHALL BE DISMISSED WITH PREJUDICE, EACH SIDE TO BEAR THEIR OWN FEES AND COSTS.
FURTHER, IN LIGHT OF THE SECOND AMENDED COMPAINT AND THE REMOVAL OF ALL FEDERAL QUESTIONS, THIS MATTER SHALL BE REMANDED TO THE SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF ALAMEDA.
IT IS SO ORDERED.
Source: Leagle
