Free Stipulation - District Court of Delaware - Delaware

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
YVES FLORESTAL, )
Plaintiff, I
v. I Civil Action No. 07-l28—JJF
GOLDEN HARRINGTON, LLC I
a Delaware limited liability company, and )
TWENTY-NINE CORP., a )
Maryland corporation, )
Defendants. I
STIPULATION AND ORDER
The parties, by and through the undersigned counsel, hereby stipulate and agree as follows:
l. Plaintiff filed his Complaint on March 7, 2004. Defendants’ filed a Motion to
Dismiss Count III of the Complaint on April 2, 2007 arguing that the claim filed under the
covenant of good faith and fair dealing must be dismissed because the General Assembly
expressed its intent that the amendment to the Delaware Discrimination Statute preempted the
field and that common law claims may no longer be brought in employment discrimination
lawsuits.
2. Plaintiff hereby stipulates that Defendants' Motion to Dismiss Count III of the
Complaint should be granted. By so stipulating, Plaintiff is not thereby conceding that any of his
substantive claims are invalid, and Plaintiff continues to maintain that he has suffered
discrimination by Defendants on the basis of his race, sex, and national origin, as set forth in the
Complaint.
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Case 1 :07-cv-00128-JJF Document 8 Filed O4/O4/2007i }} if iiiiii } A iiii if { 1 } SSN-N`}
3. The parties agree that Defendants shall file their Answer to the Complaint on or
before April 13, 2007.
4. The parties hereby stipulate that, with respect only to Defendants' Motion to
Dismiss Count 111 of the Complaint, each party shall bear its own attorneys' fees and costs.
SCHMITTINGER & RODRIGUEZ, P.A. YOUNG CONAWAY STARGATT &
TAYLOR, LLP
/s/Noel E. Primos gi ; é Q
Noel E. Primos Esquire (No. 3124) Sheldon N. San , Esquire (No. 0245)
414 South State Street Michael P. Stafford, Esquire (No. 4461)
P.O. Box 497 The Brandywine Building
Dover, DE 19903-0497 1000 West Street, 17th Floor
Attorney for Plaintiff P.O. Box 391
Telephone: (302) 674-0140 Wilmington, Delaware 19899-0391
Facsimile: (302) 678-6850 Telephone: (302) 571-6673; (302) 571-6553
Email: [email protected] Facsimile: (302) 576-3330; (302) 576-3470
Attorney for Plaintiff Email: [email protected]; [email protected]
Attorneys for Defendants
SO ORDERED this day of , 2007.
The Honorable Joseph J. Farnan
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