STIPULATION REGARDING PLAINTIFF DEV PATEL'S DISMISSAL OF GENDER DISCRIMINATION AND HARASSMENT CLAIMS;

ORDER THEREON

KENDALL J. NEWMAN, Magistrate Judge.

Plaintiff Dev Patel ("Plaintiff") and Defendants California Department of Public Health ("CDPH") and Department of Toxic Substances Control ("DTSC") (CDPH and DTSC are collectively referred to as "Defendants"), through their respective counsel of record, hereby stipulate as follows:

WHEREAS Plaintiff alleges gender discrimination against CDPH in his third claim and fourth claim (identified as "Count Three" and "Count Four" at 3:26-4:7 of the Complaint) in his First Amended Complaint for Equitable Relief and Damages (the "Complaint");

WHEREAS Plaintiff alleges national origin, race, and/or gender as a basis for harassment in his seventh claim and eight claim (identified as "Count Seven" and "Count Eight" at 4:16-23 of the Complaint) in his Complaint;

WHEREAS Plaintiff testified in his deposition that he does not believe any of the conduct he alleges against CDPH or DTSC was because of his gender;

WHEREAS Plaintiff and Defendants agreed through counsel that Plaintiff will dismiss his gender discrimination and harassment claims without prejudice, unless Defendants attempt to assert as a defense that gender was a motive in their actions toward Plaintiff; and

WHEREAS Defendants will not assert as a defense that gender was a motive in their actions toward Plaintiff.

Consequently, Plaintiff and Defendants stipulate and agree as follows: Plaintiff dismisses and withdraws his right to pursue his third claim and fourth claim for gender discrimination against Defendants. Plaintiff dismisses and withdraws his right to pursue a claim of gender harassment against Defendants. Plaintiff's dismissal is without prejudice, and Plaintiff wishes to retain the right to pursue gender discrimination and/or gender harassment claims if Defendants assert that gender was a motive in their actions toward Plaintiff. Defendants will not assert as a or suggest, by argument, questioning, or testimony, that gender was a motive in their actions toward Plaintiff.

IT IS SO STIPULATED.

ORDER

Having reviewed the parties' stipulation, and good cause appearing therefore,

IT IS HEREBY ORDERED:

Plaintiff's third claim and fourth claim for gender discrimination are dismissed, without prejudice. Plaintiff's seventh claim and eighth claim for harassment are dismissed as to gender only, without prejudice. Plaintiff is still pursuing his seventh claim and eighth claim for national origin and/or race harassment. Plaintiff retains the right to pursue gender discrimination and/or gender harassment claims if Defendants assert that gender was a motive in their actions toward Plaintiff. Defendants will not assert as a defense that gender was a motive in their actions toward Plaintiff.