Filed: Nov. 16, 2018
Latest Update: Nov. 16, 2018
Summary: JOINT STIPULATION AND ORDER STRIKING EXTRANEOUS DAMAGE REQUESTS FROM PLAINTIFF'S FIRST AMENDED COMPLAINT JOHN A. MENDEZ , District Judge . STIPULATION Plaintiff VERNON LOWDON ("Plaintiff") and Defendant CARBOLINE COMPANY ("Defendant"), by and through their respective counsel of record, HEREBY STIPULATE AS FOLLOWS: WHEREAS Plaintiff initiated this lawsuit by filing a Complaint in Placer County Superior Court on September 6, 2018 against Defendant; WHEREAS Defendant filed a notice of remo
Summary: JOINT STIPULATION AND ORDER STRIKING EXTRANEOUS DAMAGE REQUESTS FROM PLAINTIFF'S FIRST AMENDED COMPLAINT JOHN A. MENDEZ , District Judge . STIPULATION Plaintiff VERNON LOWDON ("Plaintiff") and Defendant CARBOLINE COMPANY ("Defendant"), by and through their respective counsel of record, HEREBY STIPULATE AS FOLLOWS: WHEREAS Plaintiff initiated this lawsuit by filing a Complaint in Placer County Superior Court on September 6, 2018 against Defendant; WHEREAS Defendant filed a notice of remov..
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JOINT STIPULATION AND ORDER STRIKING EXTRANEOUS DAMAGE REQUESTS FROM PLAINTIFF'S FIRST AMENDED COMPLAINT
JOHN A. MENDEZ, District Judge.
STIPULATION
Plaintiff VERNON LOWDON ("Plaintiff") and Defendant CARBOLINE COMPANY ("Defendant"), by and through their respective counsel of record, HEREBY STIPULATE AS FOLLOWS:
WHEREAS Plaintiff initiated this lawsuit by filing a Complaint in Placer County Superior Court on September 6, 2018 against Defendant;
WHEREAS Defendant filed a notice of removal and removed this action to the United States District Court for the Eastern District of California on October 26, 2018;
WHEREAS Plaintiff filed a First Amended Complaint pursuant to the parties' stipulation, dismissing individual defendants and eliminating three causes of action, on November 8, 2018;
WHEREAS Plaintiff inadvertently included categories of damages in the prayer for relief in his First Amended Complaint that are not recoverable on the causes of action contained in the First Amended Complaint; and
WHEREAS Plaintiff has agreed to strike the following from the prayer for relief in his First Amended Complaint:
• FAC, 11:22-23: "7. For any other special damages, including but not limited to, lost future earnings, benefits and other prospective damages in an amount according to proof at the time of trial;"
• FAC, 11:25-26: "9. For punitive and exemplary damages in an amount according to proof at the time of trial;"
IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:
1. That the following is stricken from the prayer for relief in Plaintiff's First Amended Complaint:
• FAC, 11:22-23: "7. For any other special damages, including but not limited to, lost future earnings, benefits and other prospective damages in an amount according to proof at the time of trial;"
• FAC, 11:25-26: "9. For punitive and exemplary damages in an amount according to proof at the time of trial;"
2. If the Court issues an order pursuant to this stipulation on or before November 30, 2018, Defendant shall respond to the First Amended Complaint by December 7, 2018; and
3. If this stipulation is not ordered by the Court by November 30, 2018, Defendant shall have seven days from the entry of the order on this stipulation to file a responsive pleading.
ORDER
The COURT, having considered the above stipulation, HEREBY ORDERS that:
1. The following is stricken from the prayer for relief in Plaintiff's First Amended Complaint:
• FAC, 11:22-23: "7. For any other special damages, including but not limited to, lost future earnings, benefits and other prospective damages in an amount according to proof at the time of trial;"
• FAC, 11:25-26: "9. For punitive and exemplary damages in an amount according to proof at the time of trial;"
2. If this order is issued by the Court on or before November 30, 2018, Defendant shall respond to the First Amended Complaint by December 7, 2018; and
3. If this order is not issued by the Court by November 30, 2018, Defendant shall have seven days from the entry of this order to respond to the First Amended Complaint.
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
