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Gordon v. Prudential Financial

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


June 2, 2008

DENNIS GORDON, PLAINTIFF,
v.
PRUDENTIAL FINANCIAL, INC.; JOHN GREENE, AND INDIVIDUAL; MATTHEW VOELKER, AN INDIVIDUAL AND DOES 1 THROUGH 25 INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Irma E. Gonzalez, Chief Judge United States District Court

ORDER REGARDING PLAINTIFF'S DISMISSAL OF ALL EMOTIONAL DISTRESS DAMAGES

Plaintiff, DENNIS GORDON, and Defendants, PRUDENTIAL FINANCIAL, INC. ("PRUDENTIAL"), MATTHEW VOELKER ("VOELKER"), and JOHN GREENE ("GREENE"), through their counsel of record, stipulated to the entry of the following Order regarding Plaintiff's Dismissal of all emotional distress damages in this action.

WHEREAS, at Plaintiff's deposition on April 18, 2008, Plaintiff and his counsel voluntarily agreed on the record to waive all emotional distress damages in this action, including both independent claims therefor and as an element of damages in other claims, the Parties request the Court order the following:

1. Dismissal with prejudice of Plaintiff's Sixth Claim for Relief for Intentional Infliction of Emotional Distress against all Defendants.

2. Dismissal with prejudice of Plaintiff's Seventh Claim for Relief for Negligent Infliction of Emotional Distress against all Defendants.

3. Paragraph 46 of Plaintiff's First Claim for Relief be stricken from the Complaint.

4. Paragraph 54 of Plaintiff's Second Claim for Relief be stricken from the Complaint.

5. Paragraph 64 of Plaintiff's Third Claim for Relief be stricken from the Complaint.

6. Paragraph 82 of Plaintiff's Fifth Claim for Relief be stricken be stricken from the Complaint.

IT IS SO ORDERED.

20080602

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