JOINT STIPULATION AND ORDER REGARDING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT

HAYWOOD S. GILLIAM, JR., District Judge.

WHEREAS Defendant County of Napa moved to dismiss the Second, Third, Fourth, and Fifth Causes of Action alleged in Plaintiff Dante Michelucci's First Amended Complaint on the ground that the Charge (the "Original Charge") Plaintiff filed with California's Department of Fair Employment & Housing (the "DFEH") was insufficiently specific to exhaust his administrative remedies before the DFEH;

WHEREAS Plaintiff filed an amended Charge (the "Amended Charge") with the DFEH on January 8, 2019, after briefing regarding Defendant's Motion to Dismiss Plaintiff's First Amended Complaint had closed; and

WHEREAS the Parties agree that Plaintiff's Amended Charge satisfies Plaintiff's obligation to exhaust his administrative remedies before the DFEH with regard to the Second, Third, Fourth, and Fifth Causes of Action alleged in his First Amended Complaint.

THEREFORE IT IS STIPULATED, by and between the Parties, that Defendant withdraws that portion of its Motion to Dismiss Plaintiff's First Amended Complaint that sought dismissal of the Second, Third, Fourth, and Fifth Causes of Action on the ground that Plaintiff failed to exhaust his administrative remedies before the DFEH.

ORDER

GOOD CAUSE SHOWING, the Stipulation is APPROVED.

IT IS HEREBY ORDERED that that portion of Defendant's Motion to Dismiss Plaintiff's First Amended Complaint which seeks dismissal of Plaintiff's Second, Third, Fourth, and Fifth Causes of Action for failure to exhaust administrative remedies before the DFEH is DENIED AS MOOT.

IT IS SO ORDERED.