Doctors Medical Center of Modesto, Inc. v. The Guardian Life Insurance Company of America et al

Filing 29

STIPULATION to DISMISS Viant Payment Services, Inc. With Prejudice and ORDER, signed by Judge Oliver W. Wanger on 10/14/2009. (Sondheim, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

STEPHENSON, ACQUISTO & COLMAN JOY YOUNG STEPHENSON, ESQ. (SBN 113755) BARRY SULLIVAN, ESQ. (SBN 136571) RICHARD LOVICH, ESQ. (SBN 113472) OLIVER TOMAS, ESQ. (SBN 233807) 303 N. Glenoaks Blvd., Suite 700 Burbank, CA 91502 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff DOCTORS MEDICAL CENTER OF MODESTO, INC. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA DOCTORS MEDICAL CENTER OF MODESTO, INC., a California for-profit corporation Plaintiff, vs. THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, a New York for-profit corporation; VIANT PAYMENT SYSTEMS, INC., an Illinois for-profit corporation; and DOES 1 THROUGH 25, INCLUSIVE Defendants. CASE No. 1:08-CV-00903-OWW-GSA STIPULATION TO DISMISS VIANT PAYMENT SYSTEMS, INC. WITH PREJUDICE [F.R.C.P. 41(a)(1)(ii)]

PLAINTIFF, DOCTORS MEDICAL CENTER OF MODESTO, INC., a California for-profit corporation, and Defendants, VIANT PAYMENT SYSTEMS, INC., an Illinois for-profit corporation and THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, a New York for-profit corporation by and through -1STIPULATION OF DISMISSAL WITH PREJUDICE AS TO VIANT PAYMENT SYSTEMS

PDF created with pdfFactory trial version www.pdffactory.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

their respective counsel of record, hereby agree and stipulate to dismiss the action as to VIANT PAYMENT SYSTEMS, INC., with prejudice pursuant to Federal Rules of Civil Procedure, Rule 41(a)(1)(ii), and that Plaintiff, Doctors Medical Center of Modesto, Inc. and Defendant Viant Payment Systems, Inc., shall bear its own attorneys' fees and costs in this matter. DATED: October 13, 2009 STEPHENSON, ACQUISTO & COLMAN By: /s/ OLIVER TOMAS Attorney for Plaintiff, DOCTORS MEDICAL CENTER OF MODESTO, INC.

DATED: October 8, 2009

BEAM, BROBECK, WEST, BROGES & ROSA, LLP. By: /s/ GLEN A. STEBENS, ESQ. Attorneys for Defendant, VIANT PAYMENT SYSTEMS

DATED: October 8, 2009

BURKE, WILLIAMS, & SORENSON, LLP. By: /s/ STEPHEN H. GALTON KEIKO J. KOJIMA Attorneys for Defendant, THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA

IT IS SO ORDERED: DATED: October 14, 2009 By: /s/ OLIVER W. WANGER Hon. Oliver W. Wanger Judge of the United States District Court -2STIPULATION OF DISMISSAL WITH PREJUDICE AS TO VIANT PAYMENT SYSTEMS

PDF created with pdfFactory trial version www.pdffactory.com