Opinion
Pre-Trial Conference: August 30, 2004. Trial: September 7, 2004.
Neville L. Johnson, Brian A. Rishwain, James T. Ryan, JOHNSON & RISHWAIN LLP, Los Angeles, California, Attorneys for All Plaintiffs.
MUNGER, TOLLES & OLSON LLP, Steven M. Perry, Lynn H. Scaduto, Attorneys for Defendants.
STIPULATION TO AMEND COMPLAINT TO DISMISS PLAINTIFFS' CLAIMS FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS ONLY PURSUANT TO FED. R. CIV. PRO. 15(A); and [proposed] ORDER [proposed] Third Amended Complaint lodged herewith.
S. JAMES OTERO District Judge.
The parties hereto, through their attorneys of record, hereby agree and stipulate as follows, subject to the Order of the Court, with reference to the following facts:
1. On April 23, 2004, the Court took under submission (i) Defendant American Broadcasting Companies, Inc., Brian Ross, Jill Rackmill and Yoruba Richen's Motion for Summary Judgment as to Plaintiffs' Claims for Punitive Damages, Publication Damages and Disgorgement, and (ii) Defendant American Broadcasting Companies, Inc., Brian Ross, Jill Rackmill and Yoruba Richen's Motion for Summary Judgment as to All Claims.
2. Pursuant to Federal Rule of Civil Procedure 15(a), Plaintiffs seek to file a Third Amended Complaint that does not include a claim for intentional infliction of emotional distress for any of the Plaintiffs, thereby dismissing those claims with prejudice.
3. The parties hereto believe that judicial economy will be best served by allowing Plaintiffs to file a Third Amended Complaint that does not include a claim for intentional infliction of emotional distress for any of the Plaintiffs, thereby dismissing those claims with prejudice.
4. The Plaintiffs' dismissal of their individual claims for intentional infliction of emotional distress with prejudice is not the result of consideration or promise of consideration by the defendants.
NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AS FOLLOWS:
Plaintiffs shall be permitted to file a Third Amended Complaint that does not include a claim for intentional infliction of emotional distress.
IT IS SO ORDERED.