The opinion of the court was delivered by: The Honorable Susan Illston United States District Judge
HOFFMAN & LAZEAR H. TIM HOFFMAN (049141) (email@example.com) 2 ARTHUR W. LAZEAR (083603) (firstname.lastname@example.org) CHAD A. SAUNDERS (257810) (email@example.com) 3 180 Grand Avenue, Suite 1550 Oakland, California 94612 4 Telephone: (510) 763-5700 Facsimile: (510) 835-1311 5 Attorneys for Plaintiff 6 DUSTIN GORMLEY 7 COOLEY LLP MICHELLE C. DOOLIN (179445) (firstname.lastname@example.org) JENNIFER M. FRENCH (265422) (email@example.com) 4401 Eastgate Mall San Diego, CA 92121 Telephone: (858) 550-6000 10 Facsimile: (858) 550-6420 11 COOLEY LLP BEATRIZ MEJIA (190948) (firstname.lastname@example.org) 12 101 California Street, 5th Floor San Francisco, CA 94111-5800 13 Telephone: (415) 693-2000 Facsimile: (415) 693-2222 14 Attorneys for Defendant 15 NIKE, INC. 16
STIPULATION AND [PROPOSED]ORDER TO STRIKE CERTAIN ALLEGATIONS IN COMPLAINT
After meeting and conferring regarding (i) allegations relating to injunctive relief, (ii) allegations relating to "damages," and (iii) the jury demand asserted in the complaint, plaintiff 3 Dustin Gormley and defendant Nike, Inc., by and through their respective counsel, hereby 4 stipulate and agree that the following portions of complaint should be stricken: 5
x Page 1, line 15 and generally: the words "[JURY TRIAL DEMANDED]" and plaintiff's demand for trial by jury generally;
x Page 6, line 8: paragraph 24, subparagraph (d), in its entirety;
x Page 6, line 9: paragraph 24, subparagraph (e), in its entirety; and
x Page 7, lines 18-22: second paragraph in the Prayer for Relief in its entirety.
Pursuant to General Order No. 45, Section X, Subparagraph B, the undersigned attests that 3 all parties have concurred in the filing of this Stipulation and [Proposed] Order to Strike Certain 4 Allegations in Complaint. 5
Having considered the stipulation filed by plaintiff Dustin Gormley and defendant Nike, Inc., and good cause appearing, the following portions of the complaint shall be stricken: 4
x Page 1, line 15 and generally: the words "[JURY TRIAL DEMANDED]" and plaintiff's demand for ...