Stipulation and Order

Cal. Super. - 6th Dist.January 19, 2021

on 9/1 5/2021 2:56 Miewed By: A. Floresca Case #21CV376505 Envelope: 7272625 EFSkMGesca ATTORNEY 0R PARTY WITHOUT ATrORNEY: STATE BAR NO.: 2561 63 NAME: David Markevitch FIRM NAME: Affeld Grivakes LLP STREETADDRESS: 1261 Lincoln Avenue, Suite 208 CITY: San Jose STATE: CA ZIP CODE: 951 25 TELEPHONE No.: 408-463-6802 FAX No.: 408-503-0889 E-MAIL ADDRESS: dm@agzlaw_com ATTORNEY FOR(name): Plaintiff, Dipti Rai SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 161 N. First Street MAILING ADDRESS: 161 N. First Street CITY AND ZIP CODE: San Jose, CA 951 13 FOR COURTUSE ONLY BRANCH NAME: Old Courthouse CASE NUMBER: PLAINTIFF/PETITIONER: DIPTI RAI 21CV376505 OTH ER: DEFENDANT/RESPONDENT: INTUIT INC. JUDICIAL OFFICER: Honorable Peter H. Kirwan DEPT: PROPOSED ORDER (COVER SHEET) 19 order in PDF format are filed. NOTE: This cover sheet is to be used to electronically file and submit to the court a proposed order. The proposed order sent electronically to the court must be in PDF format and must be attached to this cover sheet. In addition, a version of the proposed order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed 1- Name of the party submitting the proposed order: All parties in the case pursuant to a stipulation. Plaintiff Dipti Rai. Defendant Intuit Inc. 2- Title of the proposed order: Notice of Settlement and Joint Stipulation and [Proposed] Order Dismissing Plaintiff‘s Seventh Cause of Action 3. The proceeding to which the proposed order relates is: a. Description of proceeding: Mediation Status Review b. Date and time: 9/30/2021, 10:30 am c. Place: Department 19 4. The proposed order was served on the other parties in the case. David Markevitch ’ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Page 1 of2 Form Adopted for Mandatory Use PROPOSED ORDER (COVER SHEET) Cal. Rules of Court, Judicial Council of California EFs-ozo [Rev. February 1, 2017] (Electronic Filing) rules 2.252, 3.1312 www.courts.ca.gov EFS-020 CASE NAME: CASE NUMBER: 21 CV376505 PROOF OF ELECTRONIC SERVICE PROPOSED ORDER 1. | am at least 18 years old and not a party to this action. a- My residence or business address is (specify): b. My electronic service address is (specify): 2_ | electronically served the Proposed Order (Cover Sheet) with a proposed order in PDF format attached, and a proposed order in an editable word-processing format as follows: a. On (name ofperson served) (If the person served is an attorney, the party or parties represented should also be stated): b. To (electronic service address of person served): c. On (date): E Electronic service of the Proposed Order (Cover Sheet) with the attached proposed order in PDF format and service of the proposed order in an editable word-processing format on additional persons are described in an attachment. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARANT) EFS-020 [Rev. February 1, 2017] PROPOSED ORDER (COVER SHEET) Page 2 of2 (Electronic Filing) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LITTLER MENDELSON, P‘C. 5 1 . rad aOWBo wy Suite 900 San Diego, CA 9210173577 619.232.0441 DAVID W. AFFELD, Bar No. 123922 DAMION D. ROBINSON, Bar N0. 262573 DAVID MARKEVITCH, Bar N0. 256163 dr@agzlaw.com dm@agzlaw.com AFFELD GRIVAKES LLP 2049 Century Park East, Suite 2460 Los Angeles, California 90067 Telephone: 310.979.8700 Fax N0.: 3 10.979.8701 Attorneys for Plaintiff DIPTI RAI JOSHUA D. LEVINE, Bar N0. 239563 jdlevine@littler.com KARA ADELLE RITTER COLE, Bar N0. 306515 kcole@littler.com LITTLER MENDELSON, P.C. 501 W. Broadway Suite 900 San Diego, CA 92101 .3577 Telephone: 619.232.0441 Fax N0.: 619.232.4302 Attorneys for Defendant INTUIT INC. SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA DIPTI RAI, an individual, Case N0. 21CV376505 Plaintiff, ASSIGNED FOR ALL PURPOSES TO JUDGE HON. PETER H. KIRWAN V. NOTICE OF SETTLEMENT AND JOINT INTUIT INC., a Delaware corporation; and STIPULATION AND [PROPOSED] ORDER DOES 1 through 20, inclusive, DISMISSING PLAINTIFF’S SEVENTH CAUSE OF ACTION - PRIVATE Defendants. ATTORNEYS GENERAL ACT Trial Date: None Set Complaint Filed: January 19, 2021 NOTICE OF SETTLEMENT AND JOINT STIPULATION AND ORDER DISMISSING CAUSE OF ACTION Filed September 23, 2021 County of Santa Clara Superior Court of CA Clerk of the Court 21CV376505 By: raragon 21CV376505 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LITTLER MENDELSON, P‘C. 501 W. Broadway Suite 900 San Diego, CA 921013577 619.232.0441 Plaintiff DIPTI RAI (“Plaintiff”) and Defendant INTUIT INC. (“Defendant” 0r “Intuit”) (collectively, the “Parties”) hereby provide notice 0f the pending individual settlement 0f this Action and stipulate and agree t0 Plaintiffs immediate, voluntary dismissal 0f Plaintiff’s Private Attorneys General Act (“PAGA”) claim (Seventh Cause 0f Action) with prejudice as t0 Plaintiff and without prejudice as t0 other employees and the State 0f California, with Plaintiffs remaining causes 0f action t0 be dismissed after payment 0f the settlement amount pursuant t0 the terms and conditions 0f the Parties’ Settlement Agreement. 1. WHEREAS, Plaintiff filed her civil Complaint 0n January 19, 2021 alleging individual causes 0f action for (1) Discrimination in Violation of Fair Employment & Housing Act, Gov. Code § 12940, et seq.; (2) Harassment in Violation 0f Fair Employment & Housing Act, Gov. Code § 12940, et seq. ; (3) Retaliation in Violation 0f Fair Employment & Housing Act, Gov. Code § 12940, et seq.; (4) Violation 0f California Labor Code § 1102.5; (5) Violation 0f California Labor Code §§ 98.6 and 232.5(0); (6) Intentional Infliction 0fEmotional Distress; and a representative claim under the (7) Private Attorneys General Act. 2. WHEREAS, prior t0 filing her civil Complaint, Plaintiff filed a letter With the California Labor & Workforce Development Agency (“LWDA”) on August 19, 2020, alleging similar claims and factual allegations arising under Labor Code sections 98.6(a), 232.5(0), and 1102.5(b). 3. WHEREAS, 0n July 21, 20201, the Parties participated in a full-day mediation with mediator Michael D. Young, Esq. regarding the claims and defenses raised and in furtherance 0f a settlement negotiation. 4. WHEREAS, thereafter, the Parties were able t0 reach a settlement that resolved all of Plaintiffs claims asserted in this Action. 5. WHEREAS, the Parties’ have agreed t0 Plaintiff” s voluntary, immediate dismissal 0f her Seventh Cause 0f Action under the Private Attorneys General Act, with prejudice as t0 Plaintiff and without prejudice t0 any other party and the State 0f California. 6. WHEREAS, Plaintiff will promptly provide a copy 0f this Stipulation and Order t0 the California Labor and Workforce Development Agency (“LWDA”) Via the LWDA’s online notice portal. 2. NOTICE OF SETTLEMENT AND JOINT STIPULATION AND ORDER DISMISSING CAUSE OF ACTION 21CV376505 \OOONONUI-b 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LITTLER MENDELSON, P.C. 501 WA Broadw 3V Suila 900 San D‘ego, CA 91|0|,3577 519.232 04M 7. WHEREAS, to the Parties’ knowledge, this case has not received publicity nor has any written notice of this case been sent t0 other “allegedly aggrieved employees” currently or formerly employed by Intuit. NOW THEREFORE, the Parties hereby stipulate, agree to, and request the immediate dismissal 0f Plaintiff’s Seventh Cause of Action - Private Attorneys General Act claims, with prejudice as t0 Plaintiff Dipti Rai and Without prejudice as to other employees and the State of California (including the LWDA). IT IS SO STIPULATED. Date:M 2021 .09.0314:03z1 3 -07'OO' DAVID W. AFFELD, Bar No. 123922 DAMION D. ROBINSON, Bar No. 262573 DAVID MARKEVITCH, Bar No. 256163 AFFELD GRIVAKES LLP Attorneys for Plaintiff DIPTI RAI Dated: September , 2021 Dated: September 2, 2021 @aw JOSHUA D. LEVINE KARA COLE LITTLER MENDELSON, P.C. Attorneys for Defendant INTUIT INC. 3. NOTICE OF SETTLEMENT AND JOINT STIPULATION AND ORDER DISMISSING CAUSE OF ACTION 21CV376505 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 LITTLER MENDELSON, P‘C. 501 W. Broadwa Suite 9 San Diego, CA 9210173577 619.232.0441 +PR9P-GSEB-l-ORDER Having considered the Parties’ Joint Stipulation Dismissing Plaintiffs Seventh Cause 0f Action - Private Attorneys General Act, and finding GOOD CAUSE therefore, IT IS HEREBY ORDERED THAT: 1. Plaintiffs Seventh Cause 0f Action - Private Attorneys General Act claim is hereby DISMISSED WITH PREJUDICE as t0 Plaintiff Dipti Rai and DISMISSED WITHOUT PREJUDICE as t0 other employees and the State 0f California (including the LWDA). 2. Plaintiff shall provide notice 0f this Order t0 the LWDA. Having been apprised 0f the Parties’ settlement 0f the entire action, the Court further Orders that all currently scheduled future dates are VACATED. b \ (“M Signed:9/21/202101:51PM i J P‘ ' Dated: HON. PETER H. KIRWAN SUPERIOR COURT JUDGE 21 CV376505 4- NOTICE OF SETTLEMENT AND JOINT STIPULATION AND ORDER DISMISSING CAUSE OF ACTION