Opinion
Case No. 2:11-CV-03366-WBS-JFM
02-27-2013
JAMES JUDKINS, an individual, Plaintiff, v. GEOVERA HOLDINGS, INC., a Delaware Corporation, and DOES 1-20, Defendants.
RONALD F. GARRITY, BAR NO. 110488 SARAH E. LUCAS, BAR NO. 148713 SIMPSON, GARRITY, INNES & JACUZZI Professional Corporation Attorneys for Defendant GeoVera Holdings, Inc.
RONALD F. GARRITY, BAR NO. 110488
SARAH E. LUCAS, BAR NO. 148713
SIMPSON, GARRITY, INNES & JACUZZI
Professional Corporation
Attorneys for Defendant
GeoVera Holdings, Inc.
STIPULATION AND [PROPOSED]
ORDER OF DISMISSAL WITH
PREJUDICE
STIPULATION
WHEREAS, Plaintiff James Judkins ("Plaintiff") filed this action against Defendant GeoVera Holdings, Inc. ("Defendant") alleging claims for: (1) Disability Discrimination in violation of the Americans with Disabilities Act, ("ADA"), (2) Retaliation in violation of the ADA, (3) Disability Discrimination in violation of California's Fair Employment and Housing Act ("FEHA"), (4) Failure to Accommodate in violation of the FEHA, (5) Failure to Engage in the Interactive Process in violation of the FEHA, and (6) Retaliation in violation of the FEHA and the Family Medical leave Act ("FMLA");
WHEREAS, on January 29, 2013, both Parties and their respective counsel of record participated in a mediation session with Retired Judge Richard Silver and thereafter continued to discuss settlement, including an full-day settlement meeting between the Parties and their counsel on February 19, 2013; and
WHEREAS, the Parties have entered into a written settlement agreement, by which Plaintiff releases all claims and causes of action against Defendant, including the claims asserted by him in this Action for Disability Discrimination in violation of the ADA, Retaliation in violation of the ADA, Disability Discrimination in violation of the FEHA, Failure to Accommodate in violation of the FEHA, Failure to Engage in the Interactive Process in violation of the FEHA, and Retaliation in violation of the FEHA and the FMLA.
THEREFORE, PLAINTIFF AND DEFENDANT HEREBY STIPULATE, by and through their respective counsel of record, pursuant to Federal Rules of Civil Procedure 41(a)(1), to to dismiss the above-captioned matter with prejudice. This stipulation and dismissal completely terminates the above-entitled action against all parties. Each party will bear its/his own attorneys' fees and costs.
The parties hereto also request that this court retain jurisdiction in order to enforce the terms and conditions of the settlement and release.
Respectfully submitted,
SIMPSON, GARRITY, INNES & JACUZZI
Professional Corporation
By: ____________________
RONALD F. GARRITY, ESQ.
SARAH E. LUCAS, ESQ.
Attorneys for Defendant
GeoVera Holdings, Inc.
SMITH PATTEN
By: _______________
SPENCER SMITH, ESQ.
DOW PATTEN, ESQ.
Attorneys for Plaintiff James Judkins
ORDER
Based on the stipulation of the parties, and good cause appearing therefor,
The release by Plaintiff of all claims and potential claims he has or may have against Defendant for violation of Plaintiff's rights under the statutes referenced above is hereby APPROVED; and
IT IS ORDERED that this action be, and hereby is, DISMISSED WITH PREJUDICE, each side to bear its own costs and attorneys' fees.
____________________
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE