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Terry Sandres, An Individual v. Corrections Corporation of America

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION


April 29, 2011

TERRY SANDRES, AN INDIVIDUAL,
PLAINTIFF,
v.
CORRECTIONS CORPORATION OF AMERICA,
A MARYLAND CORPORATION; AND DOES 1 THROUGH 50,INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: District Judge: Magistrate: Hon. Oliver W. Wanger

STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE

Hon.Jennifer L. Thurston

Action Filed: July 24, 2009 Trial Date: August 30, 2011

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 above-captioned action with prejudice as follows: WHEREAS, on July 24, 2009, plaintiff Terry Sandres ("Plaintiff") filed a complaint in the Superior Court for the State of California, County of Kern, Case No. S-1500-CV-267904-DRL, against Corrections Corporation of America ("Corrections Corp."), wherein he alleged the following causes of action: (1) disability discrimination and failure to provide reasonable accommodation in violation of FEHA; (2) retaliation (FEHA); (3) wrongful termination in violation of public policy; (4) intentional infliction of emotional distress; and (5) failure to permit inspection or copying of employment records (the "Action"); and WHEREAS, on September 10, 2009, Corrections Corp. removed the Action to the United States District Court, Eastern District of California; and WHEREAS, on December 23, 2009, Plaintiff filed his Third Amended Complaint in the Action wherein he added CCA of Tennessee, LLC ("CCA") as a defendant; and WHEREAS, on April 14, 2011, the parties participated in a mediation and have agreed to informally resolve this dispute in its entirety; and WHEREAS, pursuant to this resolution, the parties have agreed that Plaintiff will dismiss the Action with prejudice, and the parties have also 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 Parties, through their designated counsel, that this case be dismissed in its entirety, with prejudice, against Corrections Corp. and CCA pursuant to Federal Rules of Civil Procedure Rule 41(a)(1), and that each party shall bear its own costs and attorneys' fees.

IT IS SO STIPULATED.

APPELL HILAIRE BERNARDO LLP Barry M. Appell (As authorized on 4/29/11) By: Barry M. Appell Attorneys for Plaintiff Terry Sandres Dated: April 29, 2011 GLEASON & FAVOROTE LLP /s/ Richard Y. Chen By: Richard Y. Chen Attorneys for Defendants Corrections Corporation OF AMERICA AND CCA OF TENNESSEE, LLC

IT IS SO ORDERED.

Dated: April 29, 2011

Oliver W. Wanger UNITED STATES DISTRICT JUDGE

DEAC_SIGNATU RE-END: EMM0D64H

20110429

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