Filed: Dec. 18, 2014
Latest Update: Dec. 18, 2014
Summary: JOINT STIPULATION AND ORDER REGARDING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS CHARLES R. BREYER, District Judge. STIPULATION Plaintiff CHARLES COLEMAN and Defendant OFFICE DEPOT, INC., by and through their counsel of record, hereby stipulate as follows: WHEREAS, Defendant OFFICE DEPOT, INC. filed a Motion for Judgment on the Pleadings on December 5, 2014; WHEREAS, this case is set for trial on January 20, 2015; WHEREAS the parties have agreed that CHARLES COLEMAN will dismiss Cau
Summary: JOINT STIPULATION AND ORDER REGARDING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS CHARLES R. BREYER, District Judge. STIPULATION Plaintiff CHARLES COLEMAN and Defendant OFFICE DEPOT, INC., by and through their counsel of record, hereby stipulate as follows: WHEREAS, Defendant OFFICE DEPOT, INC. filed a Motion for Judgment on the Pleadings on December 5, 2014; WHEREAS, this case is set for trial on January 20, 2015; WHEREAS the parties have agreed that CHARLES COLEMAN will dismiss Caus..
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JOINT STIPULATION AND ORDER REGARDING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS
CHARLES R. BREYER, District Judge.
STIPULATION
Plaintiff CHARLES COLEMAN and Defendant OFFICE DEPOT, INC., by and through their counsel of record, hereby stipulate as follows:
WHEREAS, Defendant OFFICE DEPOT, INC. filed a Motion for Judgment on the Pleadings on December 5, 2014;
WHEREAS, this case is set for trial on January 20, 2015;
WHEREAS the parties have agreed that CHARLES COLEMAN will dismiss Cause of Action 4 (CA Labor Code sections 204 and 210), Cause of Action 6 (CA Labor Code section 558), Cause of Action 8 (Breach of Contract), and Cause of Action 13 (Breach of the Covenant of Good Faith) but not Cause of Action 14 (Liquidated Damages);
WHEREAS each party shall bear its own attorneys' fees and costs regarding the causes of action which are hereby dismissed;
WHEREAS Defendant OFFICE DEPOT, INC. has agreed to withdraw its pending Motion for Judgment on the Pleadings; and
WHEREAS no other causes of action in this action are affected by this stipulation.
THEREFORE, IT IS HEREBY STIPULATED AND AGREED that CHARLES COLEMAN's Cause of Action 4 (CA Labor Code sections 204 and 210), Cause of Action 6 (CA Labor Code section 558), Cause of Action 8 (Breach of Contract), and Cause of Action 13 (Breach of the Covenant of Good Faith) but not Cause of Action 14 (Liquidated Damages) are dismissed and Defendant OFFFICE DEPOT, INC.'s Motion for Judgment on the Pleadings is hereby taken off calendar.
ORDER
Pursuant to the stipulation of the parties, and for good cause shown, IT IS HEREBY ORDERED that CHARLES COLEMAN's Cause of Action 4 (CA Labor Code sections 204 and 210), Cause of Action 6 (CA Labor Code section 558), Cause of Action 8 (Breach of Contract), and Cause of Action 13 (Breach of the Covenant of Good Faith) but not Cause of Action 14 (Liquidated Damages) are dismissed, Defendant OFFFICE DEPOT, INC.'s Motion for Judgment on the Pleadings is hereby taken off calendar, no other causes of action pending in this action are affected by this order and each side shall bear its own fees and costs with regard to the dismissed claims.
IT IS SO ORDERED.
