THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
September 26, 2012
FIRST-CITIZENS BANK & TRUST COMPANY, AND DOES 1 THROUGH 50, INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: Morrison C. England, JR United States District Judge
STIPULATION TO AMEND COMPLAINT;
Stipulation and Order Allowing Plaintiff to Amend Complaint
This Stipulation is made and entered into between Plaintiff, DIANE OGDEN, and Defendant, FIRST-CITIZENS BANK & TRUST COMPANY, by and through their respective counsel, with reference to the following:
1. On April 26, 2012, Plaintiff filed her Complaint in the above-reference matter in Sacramento County Superior Court;
2. On June 13, 2012, Defendant removed this action to this Court;
3. On or about July 31, 2012, a Substitution of Counsel was signed in this matter granting this firm the right to represent Plaintiff in this matter;
4. On August 1, 2012, immediately after being brought into this case, the parties met and conferred as required by Rule 26;
5. In the preparation for production of initial disclosures, which were due September 4, 2012, Plaintiff's counsel discovered that an amendment to the Complaint is necessary and appropriate;
6. Defendant's counsel has consented to the amendment. By consenting to the amendment, Defendant does not waive any defenses.
THEREFORE, Plaintiff and Defendant hereby stipulate that Plaintiff can amend her Complaint to add a claim for violation of California's Government Code section 12940 with three counts: 1) discrimination on the basis of disability; 2) failure to accommodate; and
3) failure to engage in an interactive process.
FURTHER, the parties hereby stipulate that Plaintiff can amend her Complaint to clarify that her Third Cause of Action for Wrongful Termination in Violation of Public Policy includes as a "public policy" a duty by the employer to provide a safe working environment.
IT IS SO STIPULATED:
Dated: September 21, 2012 H ENK L EONARD A Professional Law Corporation /s/ROBERT P. HENK ROBERT P. HENK Attorney for Plaintiff DIANE OGDEN Dated: September 21, 2012 WARD & SMITH, P.A. /s/JEREMY REGAN SAYRE JEREMY REGAN SAYRE Counsel for Defendant FIRST-CITIZENS BANK & TRUST CO. Dated: September 21, 2012 BAKER AND HOSTETLER LLP /s/SABRINA LAYNE SHADI SABRINA LAYNE SHADI Attorney for Defendant FIRST-CITIZENS BANK & TRUST CO.
Pursuant to the parties' stipulation, and for good cause shown, IT IS HEREBY ORDERED that Plaintiff may file a First Amended Complaint that adds a Cause of Action for Violation of California's Government Code section 12940 with three counts: 1) disability discrimination; 2) failure to accommodate, and 3) failure to engage in an interactive process. The First Amended Complaint may also add clarification that Plaintiff's Third Cause of Action for Wrongful Termination in Violation of Public Policy includes as a "public policy" the employer's duty to maintain a safe work environment.
IT IS SO ORDERED.
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