Opinion
Case No. CVI2-07730 GAF (FFMx)
05-16-2013
PHYLLIS FRANKIE, an individual, Plaintiff, v. PETSMART, INC., a Delaware corporation; DOES 1-25, Defendants.
STEVEN A. GROODE JENNIFER TSAO Attorneys for Defendant PETSMART, INC. Stephen M. Doniger, Esq. Scott A. Burroughs, Esq. Annie Aboulian, Esq. Attorneys for Plaintiff PHYLLIS FRANKE
STEVEN A. GROODE, Bar No. 210500
sgroode@littler.com
JENNIFER TSAO, Bar No. 259985
jtsao@littler.com
LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
Telephone: 310.553.0308
Facsimile: 310.553.5583
Attorneys for Defendant
PETSMART, INC.
STIPULATION RE DISMISSAL OF
ACTION PURSUANT TO RULE
41(a) OF THE FEDERAL RULES OF
CIVIL PROCEDURE
Plaintiff Phyllis Franke ("Plaintiff") and Defendant PetSmart, Inc. ("Defendant") (collectively "the "Parties"), by and through their counsel of record, hereby stipulate and agree as follows:
WHEREAS, on or about August 3, 2012, Plaintiff filed the Complaint in the above-captioned matter against Defendant in Ventura County Superior Court;
WHEREAS, the Complaint asserts the following six claims for relief: (1) Wrongful Termination in Violation of Public Policy; (2) Conspiracy & Aiding & Abetting (Cal. Gov. Code § 12940(i)); (3) Failure to Accommodate a Disability (Cal. Gov. Code §12940(m)); (4) Failure to Engage in the Interactive Process (Cal. Gov. Code § 12940(n)); (5) Retaliation for Exercising Rights under FEHA (Cal. Gov. Code § 12940(h)); and (6) Retaliation for Exercising Rights under CFRA (Cal. Gov. Code § 12945.2).
WHEREAS, after answering the Complaint, on or about September 10, 2012, 2012, Defendant timely removed this action to United States District Court in the Central District of California based upon diversity jurisdiction under 28 U.S.C. § 1332;
WHEREAS, trial in this matter is scheduled for January 14, 2014;
WHEREAS, pursuant to Federal Rule of Civil Procedure 41(a), the Parties-agree, that Plaintiff's Complaint and this entire action can and should be dismissed with prejudice.、
THEREFORE, subject to the approval of the Court, the Parties stipulate and agree that Plaintiff's Complaint and this entire action shall be and hereby is dismissed with prejudice, and that each party shall bear her and its own attorneys' fees and costs in connection with the prosecution and defense of this action.
IT IS SO STIPULATED.
Respectfully submitted,
LITTLER MENDELSON, P.C.
A Professional Corporation
_______________
STEVEN A. GROODE
JENNIFER TSAO
Attorneys for Defendant
PETSMART, INC.
DONIGER/BURROUGHS APC
_______________
Stephen M. Doniger, Esq.
Scott A. Burroughs, Esq.
Annie Aboulian, Esq.
Attorneys for Plaintiff
PHYLLIS FRANKE
IT IS SO ORDERED
_______________
United States District Judge