Opinion
Case No. 2:05-cv-02175-MCE-EFB.
July 23, 2010
JILL TELFER, SBN 145450, LAW OFFICES OF JILL TELFER, Sacramento, California, Attorney for Plaintiff, CHARLES TIMMONS.
PAUL, HASTINGS, JANOFSKY, et al., JEFFREY MICHALOWSKI, Attorney for Defendants, UNITED PARCEL SERVICE.
IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff CHARLES TIMMONS and Defendant UNITED PARCEL SERVICE, INC., by and through their respective counsel, that Plaintiff hereby dismisses, with prejudice, his claim under the American with Disabilities Act ("ADA"). Only the first claim for Disability Discrimination under the Fair Employment and Housing Act, ("FEHA"), namely the Failure to Engage in the Interactive Process, and Failure to Reasonably Accommodate claims remain.
The parties agree not to seek costs or attorney's fees based solely on the dismissal of the ADA claim; provided, however, that UPS does not waive or limit its right to seek prevailing-party costs and attorney's fees at the conclusion of the action under the standards for such costs and fees provided by law.
ORDER
The parties having stipulated and good cause appearing therefore, IT IS SO ORDERED.