Opinion
CASE NO. 3:11-cv-05062-TEH
03-18-2013
JESSE HOUGHTAILING, Plaintiff, v. FRITO-LAY NORTH AMERICA, INC., and PEPSICO, INC., AND DOES 1 TO 100, inclusive, Defendants.
DuCHARME & COHEN JAMES A. DuCHARME, ESQ., SBN 61002 Attorneys for Plaintiff JESSE HOUGHTAILING VILLARREAL HUTNER & TODD PC TRACY S. TODD, ESQ., SBN 172884 JULIE WONG, ESQ., SBN 247342 Attorneys for Defendants FRITO-LAY NORTH AMERICA, INC. and PEPSICO, INC.
DuCHARME & COHEN
JAMES A. DuCHARME, ESQ., SBN 61002
Attorneys for Plaintiff
JESSE HOUGHTAILING
VILLARREAL HUTNER & TODD PC
TRACY S. TODD, ESQ., SBN 172884
JULIE WONG, ESQ., SBN 247342
Attorneys for Defendants
FRITO-LAY NORTH AMERICA, INC. and
PEPSICO, INC.
Judge: Hon. Thelton E. Henderson
STIPULATION AND REQUEST TO
CONTINUE ENTRY OF DISMISSAL;
[PROPOSED] ORDER GRANTING
CONTINUANCE
Action Filed: August 24, 2011
Removal Filed: October 14, 2011
TO THIS HONORABLE COURT:
Plaintiff Jesse Houghtailing (hereinafter "Plaintiff"), by and through his counsel, and Defendants Frito-Lay North America, Inc. and Pepsico, Inc. ("Defendants"), by and through their counsel, do hereby agree, stipulate, and respectfully request as follows:
1. WHEREAS, on November 19, 2012, the court entered its Order of dismissal, 60 days following, conditioned upon the performance of the settlement agreement or objection by a party;
2. WHEREAS, on February 19, 2013, the Court extended the dismissal deadline to March 18, 2013.
3. WHEREAS, the parties are continuing to finalize the wording of the Release and Settlement Agreement and the consideration has not been exchanged;
4. WHEREAS, the parties have been hampered by certain cross over issues existing in Plaintiffs worker's compensation claim, arising from Plaintiffs employment with Defendant Frito-Lay, and carving the issues out has delayed the parties from resolving ALL of their claims and differences and thus finalizing the agreement; and
5. WHEREAS, the parties believe that they will reach an agreement on those issues, obtain the necessary approval from the Workers' Compensation Appeals Board, and believe they will have a finalized agreement no later than mid-April, 2013;
6. THE PARTIES HEREBY STIPULATE to continue the currently scheduled Dismissal up to and including April 8, 2013, and request the Court to so Order.
IT IS SO STIPULATED.
DuCHARME & COHEN
By _________________________
JAMES A. DuCHARME
Attorneys for Plaintiff
JESSE HOUGHTAILING
VILLARREAL HUTNER & TODD PC
By ___________________________
TRACY S. TODD
JULIE WONG
Attorneys for Defendants
FRITO-LAY NORTH AMERICA, INC.
and PEPSICO, INC.
[PROPOSED] ORDER
Having considered the foregoing stipulation of the parties, the Court orders the Dismissal in the instant matter, Houghtailing v. Frito-Lay North America, Inc., et al. , case number 3:11-cv-05062-TEH, be continued to April 8, 2013, on the same conditions as this Court's Order of November 19, 2012.
IT IS SO ORDERED.
________________________
Thelton E. Henderson