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Joyce Tuhn v. Herrick & Co.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 12, 2012

JOYCE TUHN,
PLAINTIFF,
v.
HERRICK & CO., INC.; HERRICK CORPORATION DBA STOCKTON STEEL;
JOHN FITZHUGH, AND DOES 1-25, DEFENDANTS.

The opinion of the court was delivered by: John A. Mendez United States District Court Judge

STIPULATION TO DISMISSAL OF ACTION AND ORDER

Action Filed: January 18, 2011

Trial Date: October 22, 2012

Pursuant to Rule 41(a)(1)(A)(ii), of the Federal Rules of Civil Procedure, Plaintiff Joyce Tuhn (referred to as "Plaintiff") and Defendants Herrick Corporation dba Stockton Steel and John Fitzhugh (collectively referred to as "Defendants") acting by and through their attorneys of record, hereby stipulate as follows:

1. Plaintiff commenced this action on January 18, 2011 by filing her Complaint for Damages in the Stockton County Superior Court. Said Complaint for Damages alleged the following claims: 1) Violation of Title VII of the Civil Rights Act of 1964 as amended; and 2) Violation of the California Fair Employment and Housing Act ("FEHA"). Defendants subsequently removed Plaintiff's Complaint to this Court on February 25, 2011 -- Federal Case No. 2:11-CV-00544-AM CKD (referred to as "the Action").

2. Plaintiff and Defendants have now reached a resolution of Plaintiff's pending Action in this Court.

3. Based on that resolution, the Parties stipulate that the Action and claims asserted by Plaintiff be dismissed with prejudice, and that each side bears its own costs and attorneys' fees.

SO STIPULATED.

DATED: By: Michael Babitzke Attorney for Plaintiff DATED: DIVERSITY LAW GROUP, PC By: Howard L. Magee Attorneys for Defendants Herrick Corporation dba Stockton Steel and John Fitzhugh

ORDER

FOR GOOD CAUSE SHOWN, and pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, it is hereby ORDERED:

1. Plainitff Joyce Tuhn's Action (Federal Case No. 2:11-CV-00544-JAM-CKD) and all claims contained therein are hereby dismissed with prejudice, with each party to bear their own costs and attorneys' fees as to all claims dismissed herein.

IT IS SO ORDERED.

John A. Mendez

20120612

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