Peilin Chang v. American Airlines, Inc.

Northern District of California, cand-4:2015-cv-02604

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{86}} Stipulation Re Docket No. {{45}}. ({{45}} Motion for Sanctions is withdrawn pursuant to the stipulation).

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1 TIMOTHY J. RYAN, SBN 99542 REBEKKA R. MARTORANO, SBN 173600 2 THE RYAN LAW GROUP 400 Capitol Mall, Suite 2540 3 Sacramento, California 95814 Telephone: (916) 924-1912 4 Facsimile: (916) 923-3872 tryan@ryanlg.com 5 rmartorano@ryanlg.com 6 Attorneys for Defendant American Airlines, Inc. 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 PEILIN CHANG,) Case No. 15-cv-02604-HSG) 12 Plaintiff,) [PROPOSED] STIPULATION AND) ORDER REGARDING DEFENDANT 13 v.) AMERICAN AIRLINES INC.'S) MOTION FOR SANCTIONS 14 AMERICAN AIRLINES, INC.,)) Date: March 10, 2017 15 Defendant.) Time: 9:30 a.m.) Courtroom G, 15th Floor 16)) The Honorable Joseph C. Spero 17) _____________________________________) 18 19 The parties in the above-captioned matter hereby stipulate as follows: 20 1. WHEREAS Defendant American Airlines, Inc. ("Defendant") filed a motion for sanctions 21 pursuant to Federal Rules of Civil Procedure, Rule 37 (Docket No. 45), currently scheduled 22 to be heard by the Honorable Joseph C. Spero on March 10, 2017. 23 2. WHEREAS the relief sought by Defendant's motion was dismissal of Plaintiff's claim for 24 loss of income, pursuant to FRCP Rule 37(b)(2)(A)(v) and FRCP Rule 37(c)(1)(C); or 25 preclusion of Plaintiff from supporting her claim for loss of income, pursuant to FRCP Rule 26 37(b)(2)(A)(ii) and FRCP Rule 37(c)(1)(C). 27 3. WHEREAS the parties have reached the following stipulation, thereby resolving the issues 28 raised in Defendant's motion for sanctions: [PROPOSED] STIPULATION AND ORDER REGARDING DEFENDANT AM ERICAN AIRLINES INC.'S M OTION FOR SANCTIONS 1 a. Plaintiff hereby dismisses her claim for loss of income, and will not seek to offer any 2 evidence at trial of an alleged loss of income or other economic losses resulting from 3 the reduction or closure of her medical practice. 4 b. Plaintiff withdraws her economist expert Phillip Allman, Ph.D. and will not seek to 5 offer his testimony at trial or any other evidence regarding any opinions developed 6 by Dr. Allman. 7 c. Plaintiff will not offer any evidence of any mental suffering or emotional distress 8 caused by alleged economic/financial losses. Plaintiff is not hereby precluded from 9 testifying regarding the alleged loss of her profession. 10 d. Based on these stipulations, Defendant agrees to withdraw its motion for sanctions. 11 12 IT IS SO STIPULATED. 13 14 Dated: March 9, 2017 BROWNSTEIN THOMAS, LLP 15 16 By: /s/ Mark Thomas MARK THOMAS 17 Attorneys for plaintiff Peilin Chang 18 19 Dated: March 9, 2017 THE RYAN LAW GROUP 20 21 By: /s/ Rebekka Martorano REBEKKA R. MARTORANO 22 Attorneys for Defendant American Airlines, Inc. 23 24 25 26 27 28 [PROPOSED] STIPULATION AND ORDER REGARDING DEFENDANT AM ERICAN AIRLINES INC.'S M OTION FOR SANCTIONS 1 ORDER 2 Based on the stipulation of the parties and good cause appearing, IT IS HEREBY ORDERED 3 that: 4 a. Plaintiff's claim for loss of income is hereby dismissed. Plaintiff is precluded from 5 offering any evidence at trial of an alleged loss of income or any other economic 6 losses resulting from the reduction or closure of her medical practice. 7 b. The testimony of Phillip Allman, Ph.D. and any evidence regarding any opinions 8 developed by Dr. Allman is precluded. 9 c. Plaintiff is precluded from offering any evidence of any mental suffering or 10 emotional distress caused by alleged economic/financial losses. Plaintiff is not 11 hereby precluded from testifying regarding the alleged loss of her profession. 12 d. Defendant's motion for sanctions is therefore moot and is taken off calendar. 13 14 IT IS SO ORDERED. 15 16 Dated:______________________ 3/10/2017 ______________________________ Judge, United States District Court 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] STIPULATION AND ORDER REGARDING DEFENDANT AM ERICAN AIRLINES INC.'S M OTION FOR SANCTIONS