On August 27, 2021 a
Stipulation,Agreement
was filed
involving a dispute between
Rodriguez, Alicia,
and
Associated Hand Surgeons,
Cold Springs Medical Surgical Group,
Hot Springs Medical Surgical Group,
for Unlimited Other Employment (15)
in the District Court of Santa Barbara County.
Preview
Pursuant to CRC 2.259 this document has been electronically filed by the
Superior Court of California, County of Santa Barbara, on 9/24/2021
Rafael Gonzalez, SBN 210202
123456789
Christina M. Behrman, SBN 313226 °
SUPERIOPR‘ CIOUIRJTEfCBFORNIA
COUNTY 0f SANTA BARBARA
MULLEN & HENZELL L.L.P.
112 East Victoria Street 09/29/2021
Post Office Drawer 789 Darrel E. Parker, Executive Officer
Santa Barbara, CA 93102-0789 BY Chavez, Terri
Telephone: (805) 966-1501 Deputy Clerk
Facsimile: (805) 966-9204
Attorneys for Defendant
HOT SPRINGS MEDICAL SURGICAL GROUP dba ASSOCIATED HAND
SURGEONS (erroneously sued as COLD SPRINGS MEDICAL SURGICAL
GROUP; HOT SPRINGS MEDICAL SURGICAL GROUP; ASSOCIATED
HAND SURGEONS)
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA BARBARA
10
ANACAPA DIVISION
11
12 ALICIA RODRIGUEZ, an individual, ) Case No. 21CV03457
13 Plaintiff g
JOINT STIPULATION AND
14 v. l ORDER DISMISSING DEFENDANT
) COLD SPRINGS MEDICAL SURGICAL
15 COLD SPRINGS MEDICAL SURGICAL ) GROUP LLC WITHOUT PREJUDICE
GROUP LLC, a California limited liability)
company; HOT SPRINGS MEDICAL
))))))))
16
SURGICAL GROUP, a business entity, Dept.: 4
17 form unknown; ASSOCIATED HAND Judge: Hon. Donna Geek
SURGEONS, a business entity, form
18 unknown; and DOES 1-10 INCLUSIVE, Complaint Filed: August 27, 2021
Discovery Cutoff: n/a
19 Defendants. Trial Date: n/a
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-1-
JOINT STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANT COLD SPRINGS MEDICAL
SURGICAL GROUP LLC WITHOUT PREJUDICE
STIPULATION
1
Plaintiff Alicia Rodriguez (“Plaintiff”) and Defendant Hot Springs Medical Surgical
2
Group, a California general partnership, doing business as Associated Hand Surgeons
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(“Defendant”) (collectively, the “Parties”), by and through their respective counsel of record,
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hereby enter into the stipulation below with reference to the following:
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WHEREAS, on August 27, 2021, Plaintiff filed a Complaint against Defendant and
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Cold Springs Medical Surgical Group LLC in Alicia Rodriguez v. Cold Springs Medical
7
Surgical Group LLC, et al., Superior Court of California, County of Santa Barbara, Case No.
8
21CV03457 (the “Action”).
9
WHEREAS, Defendant has provided information to Plaintiff representing that it was
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the former employer of Plaintiff during all of the times relevant to all of the claims asserted in
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the Action and that Cold Springs Medical Surgical Group LLC was erroneously sued as
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Plaintiff’s former employer.
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WHEREAS, the Parties have met and conferred, and have agreed to dismiss without
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prejudice Cold Springs Medical Surgical Group LLC as defendant in the Action based on the
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representations by Defendant regarding its status as the employer of Plaintiff during the period
16
of time asserted in the Action.
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WHEREAS, the Parties further understand and agree that the dismissal of Cold Springs
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Medical Surgical Group LLC without prejudice will not have any effect regarding Plaintiff’s
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right or ability to amend the complaint or pursue relief from Cold Springs Medical Surgical
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Group LLC in the event Plaintiff later discovers information through the development of
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additional facts or issues that relate to Cold Springs Medical Surgical Group LLC’s
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employment of Plaintiff during the relevant time period.
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WHEREAS, Defendant has not yet formally responded to the Action, but denies and
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continues to deny all wrongdoing alleged by Plaintiff in the Action and this Stipulation shall
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not serve to admit any wrongdoing or waive any defenses.
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THEREFORE, it is hereby stipulated and agreed by and between the undersigned
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Parties, through their respective counsel, that Plaintiff’s claims against Cold Springs Medical
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-2-
JOINT STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANT COLD SPRINGS MEDICAL
SURGICAL GROUP LLC WITHOUT PREJUDICE
1 Surgical Group LLC in the Action shall be dismissed without prejudice. The Parties reserve all
2 respective rights and defenses available to them and no such rights or defenses are waived by
3 this stipulation.
4
5 DATED: September 24, 2021 MULLEN & HENZELL L.L.P.
6
7
By: ________________________________
8 Rafael Gonzalez
9 Christina Behrman
10 Attorneys for Defendant
HOT SPRINGS MEDICAL SURGICAL
11 GROUP dba ASSOCIATED HAND
SURGEONS
12
DATED: September 24, 2021 ADAMS LAW
13
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16 By: ________________________________
Christine Adams
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Attorneys for Plaintiff
18 ALICIA RODRIGUEZ
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JOINT STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANT COLD SPRINGS MEDICAL
SURGICAL GROUP LLC WITHOUT PREJUDICE
gum-ORDER
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The Court, having considered the joint stipulation of the Parties, and good cause
appearing therefor, hereby orders as follows: Defendant Cold Springs Medical Surgical Group
LLC is hereby dismissed from this case, Without prejudice. The Parties shall have all
respective rights and defenses available to them and no such rights or defenses are waived by
entry of this order.
IT IS SO ORDERED.
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DATED: 09/27/2021
Exam HON. DONNA D.
JUDGE OF THE
GECK
fl'
SUPERIOR COURT
J
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JOINT STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANT COLD SPRINGS MEDICAL
SURGICAL GROUP LLC WITHOUT PREJUDICE
Document Filed Date
September 29, 2021
Case Filing Date
August 27, 2021
Category
Unlimited Other Employment (15)
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Pursuant to CRC 2.259 this document has been electronically filed by the Superior Court of California, County of Santa Barbara, on 9/24/2021 Rafael Gonzalez, SBN 210202 123456789 Christina M. Behrman, SBN 313226 ° SUPERIOPR‘ CIOUIRJTEfCBFORNIA COUNTY 0f SANTA BARBARA MULLEN & HENZELL L.L.P. 112 East Victoria Street 09/29/2021 Post Office Drawer 789 Darrel E. Parker, Executive Officer Santa Barbara, CA 93102-0789 BY Chavez, Terri Telephone: (805) 966-1501 Deputy Clerk Facsimile: (805) 966-9204 Attorneys for Defendant HOT SPRINGS MEDICAL SURGICAL GROUP dba ASSOCIATED HAND SURGEONS (erroneously sued as COLD SPRINGS MEDICAL SURGICAL GROUP; HOT SPRINGS MEDICAL SURGICAL GROUP; ASSOCIATED HAND SURGEONS) SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA BARBARA 10 ANACAPA DIVISION 11 12 ALICIA RODRIGUEZ, an individual, ) Case No. 21CV03457 13 Plaintiff g JOINT STIPULATION AND 14 v. l ORDER DISMISSING DEFENDANT ) COLD SPRINGS MEDICAL SURGICAL 15 COLD SPRINGS MEDICAL SURGICAL ) GROUP LLC WITHOUT PREJUDICE GROUP LLC, a California limited liability) company; HOT SPRINGS MEDICAL )))))))) 16 SURGICAL GROUP, a business entity, Dept.: 4 17 form unknown; ASSOCIATED HAND Judge: Hon. Donna Geek SURGEONS, a business entity, form 18 unknown; and DOES 1-10 INCLUSIVE, Complaint Filed: August 27, 2021 Discovery Cutoff: n/a 19 Defendants. Trial Date: n/a 20 21 22 23 24 25 26 27 28 -1- JOINT STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANT COLD SPRINGS MEDICAL SURGICAL GROUP LLC WITHOUT PREJUDICE STIPULATION 1 Plaintiff Alicia Rodriguez (“Plaintiff”) and Defendant Hot Springs Medical Surgical 2 Group, a California general partnership, doing business as Associated Hand Surgeons 3 (“Defendant”) (collectively, the “Parties”), by and through their respective counsel of record, 4 hereby enter into the stipulation below with reference to the following: 5 WHEREAS, on August 27, 2021, Plaintiff filed a Complaint against Defendant and 6 Cold Springs Medical Surgical Group LLC in Alicia Rodriguez v. Cold Springs Medical 7 Surgical Group LLC, et al., Superior Court of California, County of Santa Barbara, Case No. 8 21CV03457 (the “Action”). 9 WHEREAS, Defendant has provided information to Plaintiff representing that it was 10 the former employer of Plaintiff during all of the times relevant to all of the claims asserted in 11 the Action and that Cold Springs Medical Surgical Group LLC was erroneously sued as 12 Plaintiff’s former employer. 13 WHEREAS, the Parties have met and conferred, and have agreed to dismiss without 14 prejudice Cold Springs Medical Surgical Group LLC as defendant in the Action based on the 15 representations by Defendant regarding its status as the employer of Plaintiff during the period 16 of time asserted in the Action. 17 WHEREAS, the Parties further understand and agree that the dismissal of Cold Springs 18 Medical Surgical Group LLC without prejudice will not have any effect regarding Plaintiff’s 19 right or ability to amend the complaint or pursue relief from Cold Springs Medical Surgical 20 Group LLC in the event Plaintiff later discovers information through the development of 21 additional facts or issues that relate to Cold Springs Medical Surgical Group LLC’s 22 employment of Plaintiff during the relevant time period. 23 WHEREAS, Defendant has not yet formally responded to the Action, but denies and 24 continues to deny all wrongdoing alleged by Plaintiff in the Action and this Stipulation shall 25 not serve to admit any wrongdoing or waive any defenses. 26 THEREFORE, it is hereby stipulated and agreed by and between the undersigned 27 Parties, through their respective counsel, that Plaintiff’s claims against Cold Springs Medical 28 -2- JOINT STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANT COLD SPRINGS MEDICAL SURGICAL GROUP LLC WITHOUT PREJUDICE 1 Surgical Group LLC in the Action shall be dismissed without prejudice. The Parties reserve all 2 respective rights and defenses available to them and no such rights or defenses are waived by 3 this stipulation. 4 5 DATED: September 24, 2021 MULLEN & HENZELL L.L.P. 6 7 By: ________________________________ 8 Rafael Gonzalez 9 Christina Behrman 10 Attorneys for Defendant HOT SPRINGS MEDICAL SURGICAL 11 GROUP dba ASSOCIATED HAND SURGEONS 12 DATED: September 24, 2021 ADAMS LAW 13 14 15 16 By: ________________________________ Christine Adams 17 Attorneys for Plaintiff 18 ALICIA RODRIGUEZ 19 20 21 G:\25230\0002\PLEAD\OC8547.DOCX 22 23 24 25 26 27 28 -3- JOINT STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANT COLD SPRINGS MEDICAL SURGICAL GROUP LLC WITHOUT PREJUDICE gum-ORDER 123456789 The Court, having considered the joint stipulation of the Parties, and good cause appearing therefor, hereby orders as follows: Defendant Cold Springs Medical Surgical Group LLC is hereby dismissed from this case, Without prejudice. The Parties shall have all respective rights and defenses available to them and no such rights or defenses are waived by entry of this order. IT IS SO ORDERED. 10 11 DATED: 09/27/2021 Exam HON. DONNA D. JUDGE OF THE GECK fl' SUPERIOR COURT J 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- JOINT STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANT COLD SPRINGS MEDICAL SURGICAL GROUP LLC WITHOUT PREJUDICE