Free Order - District Court of California - California

Case 3:07-cv-05037-MMC

Document 24

Filed 07/18/2008

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

MARJORIE S. FOCHTMAN, SBN 143201 PAUL R. LYND, SBN 202764 DAVID A. KOLEK, SBN 245330 NIXON PEABODY LLP One Embarcadero Center, 18th Floor San Francisco, California 94111-3600 Telephone: (415) 984-8200 Fax: (415) 984-8300 Attorneys for Defendant CARGILL, INC. RICHARD J. VAZNAUGH, SBN 173249 LAW OFFICES OF RICHARD J. VAZNAUGH 600 Harrison Street, Suite 120 San Francisco, CA 94107 Telephone: (415) 593-0076 Fax: (415) 593-0093 [email protected] Attorney for Plaintiff JOE ESMOND

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JOE ESMOND, Plaintiff, vs. CARGILL INC., dba Cargill Salt Co. Company, an entity, and DOES 1-20, inclusive, Defendant.

No. Case No. C 07-5037 MMC JOINT STIPULATION TO DISMISS WITHOUT PREJUDICE CERTAIN OF PLAINTIFF'S CLAIMS AND TO AMEND FIRST AMENDED COMPLAINT ACCORDINGLY; [PROPOSED] ORDER [FRCP 41(a)(2) and 15(a] Trial Date: January 26, 2009

23 24 25 26 27 28
JOINT STIPULATION AND PROPOSED ORDER

Case No. C 07-5037 MMC

Case 3:07-cv-05037-MMC

Document 24

Filed 07/18/2008

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Plaintiff Joe Esmond ("Plaintiff") and Defendant Cargill, Inc. ("Cargill"), by and through their respective counsel of record, hereby stipulate that the following claims in Plaintiff's First Amended Complaint be dismissed without prejudice and that, by force of this stipulation and Order, Mr. Esmond's First Amended Complaint will be amended as follows: 1. Plaintiff's Sixth Cause of Action for age discrimination is dismissed without prejudice; 2. Plaintiff's Seventh Cause of Action for breach of contract is dismissed without prejudice; 3. Plaintiff's Eighth Cause of Action for breach of the covenant of good faith and fair dealing is limited, without prejudice, to Cargill's wage and hour practices, including the alleged withholding of Plaintiff's severance pay and the related release; and 4. Plaintiff's Ninth Cause of Action for unfair business practices will, without prejudice, no longer incorporate Plaintiff's Sixth and Seventh Cause of Action or the claims therein, nor will it incorporate Plaintiff's Eighth Cause of Action or the claims therein, except to the extent it concerns Cargill's wage and hour practices, including the alleged withholding of Plaintiff's severance pay and the related release. Therefore, Plaintiff's First Amended Complaint, filed in Alameda County Superior Court on August 27, 2007 and removed to this court by Cargill on September 28, 2007 shall be deemed so amended by this Order. Because this amendment limits existing claims but does not add any new claims, Cargill's currently operative Answer, filed in Alameda County Superior Court on September 27, 2007, shall continue to be its currently operative Answer. IT IS SO STIPULATED.

JOINT STIPULATION AND PROPOSED ORDER

Case No. C 07-5037 MMC

Case 3:07-cv-05037-MMC

Document 24

Filed 07/18/2008

Page 3 of 3

1 DATED: July 18, 2008 2 3 4 5 6 7 By: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
JOINT CMC STATEMENT AND PROPOSED ORDER

NIXON PEABODY LLP By: /s/ _________________________________ PAUL R. LYND Attorneys for Defendant CARGILL INC.

LAW OFFICES OF RICHARD J. VAZNAUGH /s/ _________________________________ RICHARD J. VAZNAUGH Attorney for Plaintiff JOE ESMOND

[PROPOSED] ORDER , PURSUANT TO STIPULATION, IT IS SO ORDERED. and the action shall proceed on the First Amended Complaint as limited above. July 18, 2008 Dated: ___________________________

_______________________________________ HON. MAXINE M. CHESNEY District Court Judge

-3-

Case No. C 07-5037 MMC