Opinion
FEDERAL EXPRESS CORPORATION, Memphis, Tennessee, LIEFF, CABRASER, HEIMANN SEYFARTH & SHAW LLP & BERNSTEIN, LLP, Gilmore F. Diekmann, Jr. (SBN: 050400), Francis J. Ortman, III (SBN: 213202), San Francisco, California, Evelyn L. Becker (SBN: 170903), O'MELVENY & MYERS LLP, Washington, DC, Attorneys for Defendants, FEDEX EXPRESS.
CLASS ACTION ORDER DISMISSING CLASS CLAIMS UNDER THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT
WHEREAS, on November 14, 2006, this Court granted Plaintiffs' Motion To File A Third Amended Complaint that did not include the class claims under the California Fair Employment and Housing Act ("FEHA") previously certified by the Court;
WHEREAS, the Third Amended Complaint filed by plaintiffs deleted the previously certified class claims under the FEHA;
WHEREAS, the parties agree that the class claims under the FEHA therefore should be dismissed with prejudice;
WHEREAS, the parties agree that judgment on the dismissed class FEHA claims shall be entered at the same time that judgment on the rest of the claims in this case is entered;
THEREFORE, the parties hereby stipulate and agree that the class FEHA claims previously certified by the Court shall be dismissed with prejudice, and request that the Court so order.
ORDER
Based upon the foregoing, and good cause appearing,
IT IS ORDERED that the class claims previously certified by the Court under the California Fair Employment and Housing Act are dismissed with prejudice.