STIPULATION FOR PARTIAL DISMISSAL OF CLAIMS WITH PREJUDICE AGAINST GILBERT MARTINEZ, AN INDIVIDUAL, AND FAMILY MEDICINE AND AMBULATORY CARE CENTERS ONLY; ORDER THEREON [Fed. R. Civ. P. 41(a)(2)]

MORRISON C. ENGLAND, Jr., District Judge.

Plaintiff Donald Porter, by his undersigned counsel and defendants Gilbert Martinez, an individual, and Family Medicine and Ambulatory Care Centers, by their undersigned counsel, hereby agree and stipulate to the partial dismissal of this action with prejudice as to Gilbert Martinez and Family Medicine and Ambulatory Care Centers, Inc. as set forth below.

Plaintiff seeks dismissal of the First Cause of Action for Unlawful Discrimination, Second Cause of Action for Violation of the Unruh Act, Third Cause of Action for Violation of Cal. Civ. Code §§54-54.8, Fifth Cause of Action for Violation of the Bane Act and Sixth Cause of Action for violation of the Rehabilitation Act against Gilbert Martinez and Family Medicine and Ambulatory Care Centers only. Each Party shall bear his/its own attorneys fees in connection herewith.

The parties hereto request that the court enter an order of this dismissal as to the First, Second, Third, Fifth and Sixth Causes of Action with prejudice against the Martinez Defendants only, pursuant to Federal Rule of Civil Procedure 41(a)(2).

ORDER

In accordance with the parties' stipulation and good cause appearing, the First (1st), Second (2nd), Third (3rd), Fifth (5th) and Sixth (6th) Causes of Action only shall be dismissed with prejudice against Defendants GILBERT MARTINEZ, an individual, and FAMILY MEDICINE AND AMBULATORY CARE CENTERS, INC. only pursuant to Federal Rule of Civil Procedure 41(a)(2).

IT IS SO ORDERED.