Eddie Holtzclaw v. Certainteed Corporation
Filing
19
STIPULATION and ORDER Regarding Plaintiff's Claims For Emotional Distress Damages signed by Magistrate Judge Gary S. Austin on 5/19/2010. (Esteves, C)
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Mark S. Askanas (State Bar No. 122745) Rebecca Benhuri (State Bar No. 209443) JACKSON LEWIS LLP 199 Fremont Street, 10th Floor San Francisco, California 94105 Telephone: (415) 394-9400 Facsimile: (415) 394-9401 askanasm@jacksonlewis.com benhurir@jacksonlewis.com Attorneys for Defendant CERTAINTEED CORPORATION UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA- FRESNO
EDDIE HOLTZCLAW, Plaintiff,
Case No. 1:09-CV-01599- GSA STIPULATION AND ORDER REGARDING PLAINTIFF'S CLAIMS FOR EMOTIONAL DISTRESS DAMAGES
v.
CERTAINTEED CORPORATION and DOES 1 through 50, inclusive Defendants. Plaintiff EDDIE HOLTZCLAW
Removal Filed: Trial Date: and
September 9, 2009 April 18, 2011 Defendant CERTAINTEED
("Plaintiff")
CORPORATION ("Defendant") hereby stipulate as follows: 1. Plaintiff and Defendant agree that Plaintiff is not claiming any damages for any
alleged mental, emotional, psychiatric, psychological or physical injury, effect, or impairment over and above those usually associated with the causes of action pled in Plaintiff's Complaint, including but not limited to: Violation of California Government Code § 12940 et seq.
(Discrimination Based on Age), Violation of California Government Code § 12940(a), (m) (Discrimination, Failure to Provide Reasonable Accommodation), Violation of California Government Code § 12940(n) (Failure to Engage in Good Faith Interactive Process), Wrongful Termination in Violation of Public Policy and Retaliation. 1
STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFF'S CLAIMS FOR EMOTIONAL DISTRESS DAMAGES Case No. 1:09-CV-01599- GSA
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2.
Plaintiff and Defendant will not call any expert witness, including but not limited
to a psychiatrist, psychologist, psychotherapist, counselor or physician to testify concerning Plaintiff's alleged emotional distress. 3. Plaintiff. IT IS SO STIPULATED. Dated: May 19, 2010 JACKSON LEWIS LLP Defendant will not move for or otherwise request a mental examination of
By:
/s/ Mark S. Askanas Mark S. Askanas Rebecca Benhuri Attorneys for Defendant CERTAINTEED CORPORATION LAW OFFICES OF ERIC P. OREN, INC.
Dated: May 18, 2010
By:
/s/ Eric P. Owen Eric P. Oren Attorneys for Plaintiff EDDIE HOLTZCLAW
ORDER The Court has considered the above stipulation of the parties. The stipulation is hereby adopted by the Court.
DATED: May 19, 2010
/s/ Gary S. Austin Hon. Gary S. Austin U.S. Magistrate Judge
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STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFF'S CLAIMS FOR EMOTIONAL DISTRESS DAMAGES Case No. 1:09-CV-01599- GSA
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