JOINT STIPULATION AND [PROPOSED] ORDER OF DISMISSAL OF PLAINTIFF'S NINTH CLAIM FOR RELIEF WITH PREJUDICE AND ORDER THEREON

MAXINE M. CHESNEY, Senior District Judge.

Plaintiff Luerean Van de Streek ("Plaintiff") and Defendant National Railroad Passenger Corporation d/b/a Amtrak ("Defendant") (collectively, the "Parties") hereby stipulate, by and through their respective counsel, as follows:

WHEREAS, Plaintiff's Ninth Claim for Relief in Plaintiff's First Amended Complaint ("FAC") is a claim for the intentional infliction of emotional distress;

WHEREAS, pursuant to Federal Rules of Civil Procedure ("FRCP") Rule 41(a)(1)(A)(ii), the Parties to this action stipulate to the dismissal of Plaintiff's Ninth Claim for Relief with prejudice, each party to bear their own costs and fees;

THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and through the Parties' respective counsel, as follows:

Plaintiff's Ninth Claim of Relief for intentional infliction of emotional distress in Plaintiff's FAC is hereby dismissed with prejudice pursuant to FRCP Rule 41(a)(1)(A)(ii), each party to bear their own costs and fees.

Plaintiff will limit her claim to the type of emotional distress, mental suffering, grief, and anxiety that an otherwise healthy person could be expected to experience given her circumstances, i.e., will not make a claim of a specific mental or psychiatric injury, and will not offer expert testimony on the subject.

Defendant will not pursue a FRCP 35 psychiatric examination of plaintiff. If defendant nevertheless attempts to offer expert testimony on plaintiff's mental health or psychiatric injury, plaintiff may respond in kind.

IT IS SO STIPULATED.

[PROPOSED] ORDER

Pursuant to Plaintiff Luerean Van de Streek's and Defendant National Railroad Passenger Corporation d/b/a Amtrak's (collectively, "the Parties") Joint Stipulation and for GOOD CAUSE appearing, the Joint Stipulation is approved. The Court hereby orders as follows:

Plaintiff's Ninth Claim of Relief for intentional infliction of emotional distress in plaintiff's First Amended Complaint is hereby dismissed with prejudice pursuant to FRCP Rule 41(a)(1)(A)(ii), each party to bear their own costs and fees.

Plaintiff shall limit her claim to the type of emotional distress, mental suffering, grief, and anxiety that an otherwise healthy person could be expected to experience given her circumstances, i.e., will not make a claim of a specific mental or psychiatric injury, and will not offer expert testimony on the subject.

Defendant shall not pursue a FRCP 35 psychiatric examination of plaintiff. If defendant nevertheless attempts to offer expert testimony on plaintiff's mental health or psychiatric injury, plaintiff may respond in kind.

IT IS SO ORDERED.