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15-1321 - (PS) Barker v. Department of Consumer Affairs, et al


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15-1321 - (PS) Barker v. Department of Consumer Affairs, et al
December 4, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/4/15 ORDERING that upon review of the parties joint status report (ECF No. 9), and after further discussion with the parties at the status conference, IT IS HEREBY ORDERED that the parties shall promptly meet and confer regarding plaintiffs proposed amendment of the complaint to remove her federal claim, including a potential stipulation to an amendment of the complaint and remand of the action to state court. Pursuant to the parties agreement on the record at the status conference, defendant State of California is DISMISSED WITHOUT PREJUDICE as an unnecessary defendant duplicative of defendant California DCA. Within 30 days of this order, plaintiff shall complete service of process on defendants Donald Chang and Anita Scuri, and file a status report indicating whether or not service of process on those defendants have been completed. No later than December 14, 2015, the parties shall contact the undersigneds courtroom deputy clerk regarding potential dates for a settlement conference before the undersigned in late January or February 2016.(see order for details)(Dillon, M)
January 29, 2016
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STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 01/29/16 ORDERING that the following causes of action, individually-named defendants, and prayer for relief, are DISMISSED WITH PREJUDICE: Plaintiff's federal cause of action for denial or interference with rights in violation of the Family Medical Leave Act (FMLA), 26 U.S.C. ยง2617(a); Plaintiff's state law cause of action for Intentional Infliction of Emotional Distress; the individually-named defendants Donald Chang and Anita Scuri and Plaintiff's prayer for punitive damages against Chang and Scuri. REMANDING CASE to Sacramento County Superior Court; copy of remand order sent to Sacramento Superior: Case No. 34-2015-00176766. CASE CLOSED (Benson, A)