Cameron Whitfield (SBN 198745) Julia Nazarian (SBN 312087) WHITFIELD & ASSOCIATES 9465 Wilshire Boulevard, Suite 320 Beverly Hills, California 90212 Telephone: (310) 555-4100 Facsimile: (310) 555-4101
Email: cwhitfield@whitfieldlaw.com
Email: jnazarian@whitfieldlaw.com
Attorneys for Plaintiff and Cross-Defendant Gavin Aldrich
Renata Vasquez (SBN 224578) Devon Archer (SBN 301462) CALDERWOOD & HARKNESS LLP 777 South Flower Street, Suite 4200 Los Angeles, California 90017 Telephone: (213) 555-7200 Facsimile: (213) 555-7201
Email: rvasquez@calderwoodharkness.com
Email: darcher@calderwoodharkness.com
Attorneys for Defendant and Cross-Complainant Aurelius Media Americas Inc.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES — CENTRAL DISTRICT
STIPULATION FOR DISMISSAL OF ENTIRE ACTION AND CROSS-COMPLAINT WITH PREJUDICE
TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
Plaintiff and Cross-Defendant Gavin Aldrich ("Plaintiff" or "Aldrich"), by and through his attorneys of record, Whitfield & Associates (Cameron Whitfield, Principal; Julia Nazarian, Associate), 9465 Wilshire Boulevard, Suite 320, Beverly Hills, California 90212, and Defendant and Cross-Complainant Aurelius Media Americas Inc. ("AMA" or "Defendant"), a Delaware corporation, by and through its attorneys of record, Calderwood & Harkness LLP (Renata Vasquez, Partner; Devon Archer, Senior Associate), 777 South Flower Street, Suite 4200, Los Angeles, California 90017 (collectively, the "Parties"), hereby stipulate and agree, subject to approval of the Court, to the dismissal of this entire action, including all claims, counterclaims, and cross-claims asserted herein, with prejudice, pursuant to California Code of Civil Procedure section 581, subdivision (b)(1), and California Rules of Court, Rule 3.1385, upon the terms and conditions set forth below.
RECITALS
A. Plaintiff Gavin Aldrich initiated this action by filing his Complaint in this Court on December 9, 2022, asserting the following causes of action against Defendant Aurelius Media Americas Inc.:
(1) Wrongful Termination in Violation of Public Policy;
(2) Breach of Contract;
(3) Breach of the Implied Covenant of Good Faith and Fair Dealing;
(4) Declaratory Relief, regarding the enforceability of certain restrictive covenant provisions contained in Plaintiff's Employment Agreement dated March 1, 2020, under California Business and Professions Code section 16600; and
(5) Violation of California Labor Code section 2802 (Failure to Reimburse Necessary Business Expenses).
B. Defendant Aurelius Media Americas Inc. filed its Answer to Plaintiff's Complaint on January 20, 2023, generally denying the material allegations of the Complaint and asserting various affirmative defenses thereto.
C. On January 20, 2023, Defendant and Cross-Complainant Aurelius Media Americas Inc. filed its Cross-Complaint against Plaintiff and Cross-Defendant Gavin Aldrich, asserting the following causes of action:
(1) Breach of Employment Agreement, specifically the confidentiality provisions set forth in Section 9.4 of the Employment Agreement dated March 1, 2020;
(2) Misappropriation of Trade Secrets, pursuant to the California Uniform Trade Secrets Act, California Civil Code section 3426 et seq. ("CUTSA");
(3) Breach of Fiduciary Duty; and
(4) Conversion.
D. On March 22, 2023, the Court issued its Order on Plaintiff and Cross-Defendant Aldrich's Motion to Strike Portions of the Cross-Complaint, granting the motion in part and denying it in part. Thereafter, on April 5, 2023, Defendant and Cross-Complainant Aurelius Media Americas Inc. filed its Amended Cross-Complaint, which superseded the original Cross-Complaint filed on January 20, 2023, and which asserted the same four causes of action as described in Recital C above, as modified in accordance with the Court's March 22, 2023 Order.
E. The Parties have engaged in extensive discovery in this action, including written discovery, depositions, and informal exchanges of documents and information.
F. The Parties have reached a full and complete resolution of all claims and cross-claims asserted in this action. The terms of the Parties' settlement are set forth in a confidential settlement agreement and mutual release executed by the Parties, which is not filed with this Court.
G. The Parties now desire to dismiss this entire action, including all claims asserted in Plaintiff's Complaint and all cross-claims asserted in Defendant's Amended Cross-Complaint, with prejudice, on the terms set forth herein.
NOW, THEREFORE, the Parties hereby stipulate and agree as follows:
STIPULATED TERMS
1. Dismissal of Plaintiff's Complaint. All causes of action asserted in Plaintiff Gavin Aldrich's Complaint, filed on December 9, 2022, including but not limited to the first cause of action for Wrongful Termination in Violation of Public Policy, the second cause of action for Breach of Contract, the third cause of action for Breach of the Implied Covenant of Good Faith and Fair Dealing, the fourth cause of action for Declaratory Relief, and the fifth cause of action for Violation of California Labor Code section 2802, are hereby dismissed with prejudice in their entirety. This dismissal extends to all claims for relief, whether for damages, declaratory relief, injunctive relief, restitution, penalties, or any other form of recovery, asserted or that could have been asserted in the Complaint against Defendant Aurelius Media Americas Inc.
2. Dismissal of Defendant's Amended Cross-Complaint. All causes of action asserted in Defendant and Cross-Complainant Aurelius Media Americas Inc.'s Amended Cross-Complaint, filed on April 5, 2023 (and the original Cross-Complaint filed on January 20, 2023, to the extent not superseded), are hereby dismissed with prejudice in their entirety. This dismissal extends to all claims for relief, whether for damages, injunctive relief, restitution, or any other form of recovery, asserted or that could have been asserted in the Cross-Complaint or Amended Cross-Complaint against Plaintiff and Cross-Defendant Gavin Aldrich, including but not limited to the first cause of action for Breach of Employment Agreement, the second cause of action for Misappropriation of Trade Secrets under California Civil Code section 3426 et seq., the third cause of action for Breach of Fiduciary Duty, and the fourth cause of action for Conversion.
3. Costs and Attorneys' Fees. Each Party shall bear its own costs and attorneys' fees incurred in connection with this action, including but not limited to filing fees, motion fees, deposition costs, costs of transcription, expert witness fees and costs, costs of document production and review, service of process fees, and attorneys' fees of every kind and nature. No Party shall seek to recover costs or attorneys' fees from any other Party in connection with this action, whether by noticed motion, memorandum of costs, or otherwise. Each Party hereby waives any right it may have under California Code of Civil Procedure section 1032 or any other statute, rule, regulation, or contractual provision to recover costs or attorneys' fees as a prevailing party in this action.
4. Reservation of Jurisdiction Under Code of Civil Procedure Section 664.6. Notwithstanding the dismissal of this action with prejudice, the Court shall retain jurisdiction over the Parties to enforce the terms of any settlement agreement entered into between the Parties pursuant to California Code of Civil Procedure section 664.6. The Parties request that the Court retain such jurisdiction until full performance of the terms of the settlement agreement has been completed. This provision is intended to preserve the Court's ability to enforce the confidential settlement agreement and mutual release executed by the Parties on January 19, 2024 (the "Aldrich Settlement Agreement and Mutual Release"), without requiring the disclosure of the terms of that agreement on the public record. The Parties acknowledge that they have complied with the requirements of Code of Civil Procedure section 664.6 in that this request for retention of jurisdiction is made by the Parties before the Court in this Stipulation, which is signed by all Parties and their respective counsel.
5. No Admission of Liability. This Stipulation and the dismissal contemplated herein shall not constitute, and shall not be construed or characterized as, an admission of liability, fault, wrongdoing, or the truth or falsity of any allegation by any Party. The Parties expressly disclaim any such admission. No Party shall characterize this Stipulation, the dismissal of this action, or the fact of settlement as a finding on the merits of any claim, cross-claim, defense, or affirmative defense asserted or that could have been asserted in this action. This Stipulation is entered into solely for the purpose of resolving disputed claims and avoiding the expense, burden, and uncertainty of further litigation.
6. Effectuation. The Parties respectfully request that the Clerk of the Court enter this dismissal forthwith upon execution of the accompanying Order. Each Party's counsel of record is authorized to execute this Stipulation on behalf of his or her respective client and hereby represents that he or she has been so authorized. A completed Request for Dismissal (Judicial Council Form CIV-110) is submitted concurrently with this Stipulation for the convenience of the Court and the Clerk. In the event of any inconsistency between the Request for Dismissal form and this Stipulation, the terms of this Stipulation shall control.
7. Counterparts. This Stipulation may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Facsimile and electronically transmitted signatures shall be treated as original signatures for all purposes.
Dated: January 26, 2024
WHITFIELD & ASSOCIATES
By: ________
Cameron Whitfield (SBN 198745) 9465 Wilshire Boulevard, Suite 320 Beverly Hills, California 90212 Telephone: (310) 555-4100
Attorneys for Plaintiff and Cross-Defendant GAVIN ALDRICH
CALDERWOOD & HARKNESS LLP
By: ________
Renata Vasquez (SBN 224578) Devon Archer (SBN 301462) 777 South Flower Street, Suite 4200 Los Angeles, California 90017 Telephone: (213) 555-7200
Attorneys for Defendant and Cross-Complainant AURELIUS MEDIA AMERICAS INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES — CENTRAL DISTRICT
[PROPOSED] ORDER ON STIPULATION FOR DISMISSAL WITH PREJUDICE
The Court, having reviewed and considered the Stipulation for Dismissal of Entire Action and Cross-Complaint with Prejudice filed by Plaintiff and Cross-Defendant Gavin Aldrich and Defendant and Cross-Complainant Aurelius Media Americas Inc. in the above-captioned action, and good cause appearing therefor, hereby orders as follows:
IT IS HEREBY ORDERED:
1. The Complaint filed by Plaintiff Gavin Aldrich on December 9, 2022, and all causes of action asserted therein, including the first cause of action for Wrongful Termination in Violation of Public Policy, the second cause of action for Breach of Contract, the third cause of action for Breach of the Implied Covenant of Good Faith and Fair Dealing, the fourth cause of action for Declaratory Relief, and the fifth cause of action for Violation of California Labor Code section 2802, is hereby dismissed with prejudice in its entirety.
2. The Amended Cross-Complaint filed by Defendant and Cross-Complainant Aurelius Media Americas Inc. on April 5, 2023, and all causes of action asserted therein, including the first cause of action for Breach of Employment Agreement, the second cause of action for Misappropriation of Trade Secrets under California Civil Code section 3426 et seq., the third cause of action for Breach of Fiduciary Duty, and the fourth cause of action for Conversion (and the original Cross-Complaint filed January 20, 2023, to the extent not superseded), is hereby dismissed with prejudice in its entirety.
3. Each party shall bear its own costs and attorneys' fees incurred in connection with this action. No party is awarded costs or attorneys' fees against any other party.
4. Pursuant to the Parties' stipulation and California Code of Civil Procedure section 664.6, the Court retains jurisdiction over the Parties to enforce any settlement agreement entered into between the Parties in connection with the resolution of this action, until such time as full performance of the terms of said settlement agreement has been completed.
5. All pending hearing dates, deadlines, and trial dates in this action are hereby vacated. The Clerk is directed to close the file in this matter.
Dated: ________
________________________________________
Hon. Catherine Villanueva Judge of the Superior Court Department 52
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I, Marissa Tan, am employed in the County of Los Angeles, State of California. I am over the age of eighteen (18) years and am not a party to the within action. My business address is 777 South Flower Street, Suite 4200, Los Angeles, California 90017.
On January 26, 2024, I served the foregoing document described as:
STIPULATION FOR DISMISSAL OF ENTIRE ACTION AND CROSS-COMPLAINT WITH PREJUDICE; [PROPOSED] ORDER THEREON
on the interested parties in this action by transmitting a true and correct copy via electronic mail to each of the persons and at the email addresses listed below. The transmission was reported as complete and without error. Said electronic service was made pursuant to agreement of the parties and in accordance with California Rules of Court, Rule 2.251.
SERVICE LIST:
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on January 26, 2024, at Los Angeles, California.
________________________________________
Marissa Tan Paralegal, Calderwood & Harkness LLP
GAVIN ALDRICH, | Case No. 22STCV41087
Plaintiff and Cross-Defendant, | Assigned for All Purposes to
Hon. Catherine Villanueva, Dept. 52
v.
STIPULATION FOR DISMISSAL OF
AURELIUS MEDIA AMERICAS INC., a Delaware corporation, | ENTIRE ACTION AND CROSS-COMPLAINT WITH PREJUDICE
Defendant and Cross-Complainant. | [Filed concurrently with Request for
Dismissal (Judicial Council Form CIV-110)]
AND RELATED CROSS-ACTION.
GAVIN ALDRICH, | Case No. 22STCV41087
Plaintiff and Cross-Defendant, | Assigned for All Purposes to
Hon. Catherine Villanueva, Dept. 52
v.
[PROPOSED] ORDER ON STIPULATION
AURELIUS MEDIA AMERICAS INC., a Delaware corporation, | FOR DISMISSAL WITH PREJUDICE
Defendant and Cross-Complainant.
AND RELATED CROSS-ACTION.
Name | Firm | Email Address
Cameron Whitfield | Whitfield & Associates | cwhitfield@whitfieldlaw.com
Julia Nazarian | Whitfield & Associates | jnazarian@whitfieldlaw.com
Renata Vasquez | Calderwood & Harkness LLP | rvasquez@calderwoodharkness.com
Devon Archer | Calderwood & Harkness LLP | darcher@calderwoodharkness.com