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Vermillion v. Corrections Corp. of America

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 2, 2009

JESSE VERMILLION, PLAINTIFF,
v.
CORRECTIONS CORPORATION OF AMERICA; A MARYLAND CORPORATION AND DOES 1 THROUGH 50 INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Lawrence J. O'neill United States District Court Judge

STIPULATION FOR DISMISSAL WITH PREJUDICE; AND ORDER THEREON

Judge: Lawrence J. O'Neill

Action Filed: June 11, 2008

Trial Date January 11, 2010

PROOF OF SERVICE

THE PARTIES TO THE ABOVE-CAPTIONED MATTER, by and through their respective attorneys of record, hereby enter into this stipulation regarding dismissal of the entire action with prejudice as follows:

WHEREAS, on June 11, 2008, Plaintiff Jesse Vermillion ("Plaintiff") filed a complaint in the Superior Court for the State of California, County of Kern Case No. S-1500-CV-264235 WDP, against Corrections Corporation of America, wherein he alleged the following causes of action: (1) wrongful termination in violation of public policy; (2) failure to reasonably accommodate disability; (3) failure to engage in an interactive process; and (4) disability discrimination (hereinafter the "Complaint"); and

WHEREAS, on or about July 24, 2008, the Complaint was removed to the United States District Court for the Eastern District of California, Case No. 1:08-CV-1069-LJO-SMS; and;

WHEREAS, on or about January 26, 2009, Plaintiff amended his Complaint to add CCA of Tennessee, LLC, CCA of Tennessee, Inc. as defendants.

WHEREAS, counsel for Plaintiff and Defendants have discussed the merits of this case and have agreed to resolve this dispute in its entirety; and

WHEREAS, the parties also have agreed to bear their own costs and attorneys' fees in connection with the above-captioned matter.

NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Plaintiff and Defendants, through their designated counsel, that this case be dismissed in its entirety, with prejudice, against all Defendants pursuant to F.R.C.P., Rule 41(a)(1), and that each party shall bear its own costs and attorneys' fees.

Dated: October 1, 2009 REHWALD GLASNER & CHALEFF Kevin Rehwald (as authorized on 10/01/09) Kevin Rehwald Attorney for Plaintiff Jesse Vermillion

Dated: October 1, 2009 GLEASON & FAVOROTE LLP Richard Y. Chen Attorney for Defendants Corrections Corporation of America, CCA of Tennessee, LLC and CCA of Tennessee, Inc.

ORDER

IT IS SO ORDERED that the parties, through their designated counsel, have reached a settlement and have agreed to dismiss the above-referenced case in its entirety, with prejudice, pursuant to Federal Rules of Civil Procedure, Rule 41(a)(1), and that each party shall bear its own costs and attorneys' fees. The clerk of the court is directed to close this case in its entirety.

20091002

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