JOINT STIPULATION TO AMEND COMPLAINT TO DISMISS DEFENDANT BETHESDA LUTHERAN COMMUNITIES AUXILIARY AND BETHESDA LUTHERAN FOUNDATION, INC.

LAWRENCE J. O'NEILL, Chief District Judge.

WHEREAS a dispute has arisen among and between Plaintiff Leandra Cardenas ("Plaintiff) and Defendant Bethesda Lutheran Communities, Inc., ("Defendant) as to whether Plaintiff's Complaint should continue to name Bethesda Lutheran Communities Auxiliary and Bethesda Lutheran Foundation, Inc. as defendants; and

WHEREAS Plaintiff and Defendant Bethesda Lutheran Communities, Inc., (together, the "Parties") wish to avoid the time and expense of discovery and litigation over which Defendant was the correct employer of Plaintiff,

IT IS HEREBY STIPULATED BY THE PARTIES:

1. Plaintiff agrees to voluntarily dismiss Defendants Bethesda Lutheran Communities Auxiliary and Bethesda Lutheran Foundation, Inc. without prejudice from the above-entitled Action ("the Action").

2. Defendants Bethesda Lutheran Communities Auxiliary (the "Auxiliary") and Bethesda Lutheran Foundation, Inc. (the "Foundation"), through the Declarations of Karen Carter and Jeffrey Kaczmarski, respectively, represent that neither the Auxiliary nor the Foundation employed Plaintiff or had any control over her employment.

3. Defendant Bethesda Lutheran Communities, Inc. represents that, at all times relevant to the Action, Bethesda Lutheran Communities, Inc. was the sole employer of record for Plaintiff and responsible for all decisions regarding Plaintiff's employment.

4. Defendant Bethesda Lutheran Communities, Inc. further represents that it is the only proper employer defendant in the Action.

5. The Parties agree that, subject to the approval of the Court, Plaintiff's Complaint shall be deemed modified and amended to dismiss Bethesda Lutheran Communities Auxiliary and Bethesda Lutheran Foundation, Inc.

IT IS SO STIPULATED.

ORDER

Having read and considered the parties' Joint Stipulation to Amend Plaintiff's Complaint to Dismiss Defendant Defendants Bethesda Lutheran Communities Auxiliary and Bethesda Lutheran Foundation, Inc., and for good cause appearing, the Court makes the following order:

Defendants Bethesda Lutheran Communities Auxiliary and Bethesda Lutheran Foundation, Inc. are hereby dismissed without prejudice from the above-entitled action.

IT IS SO ORDERED.