Van Horn vs. Hornbeak, et al.

Filing 451

STIPULATION and ORDER signed by District Judge Lawrence J. O'Neill on 7/15/2010. Madera Community Hospital voluntary dismissed with prejudice from action. (Lundstrom, T)

Van Horn vs. Heinrich, et al.

Doc. 451

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

Mario L. Beltramo, Jr., # 053146 Daniel L. Wainwright, # 193486 McCormick, Barstow, Sheppard, Wayte & Carruth LLP P.O. Box 28912 5 River Park Place East Fresno, CA 93720-1501 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant MADERA COMMUNITY HOSPITAL

(SPACE BELOW FOR FILING STAMP ONLY)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

DONDI VAN HORN, Plaintiff, v. JAMES HEINRICH individually and as a physician employed at Valley State Prison for Women; MADERA COMMUNITY HOSPITAL; TINA DHILLON an individual; NAEEM SIDDIQI an individual, Defendants.

Case No. 08 CV-01622-LJO-DLB JOINT STIPULATION AND ORDER REGARDING VOLUNTARY DISMISSAL, WITH PREJUDICE, OF DEFENDANT, MADERA COMMUNITY HOSPITAL, FROM THIS LITIGATION Trial Date: Judge: June 28, 2010 Hon. Lawrence O'Neill

IT IS HEREBY STIPULATED by and between Plaintiff, DONDI VAN HORN, and Defendant, MADERA COMMUNITY HOSPITAL (hereinafter "MCH"), through their designated counsel, that the above-captioned action and claims against MCH be and hereby is dismissed, with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1). FURTHERMORE, the Court already indicated, on the record, that MCH would be dismissed from this litigation at the start of the June 28, 2010 trial against the remaining defendants, at the time, TINA DHILLON and JAMES HEINRICH. Plaintiff's claims against the other named Defendants are not affected by this dismissal, with prejudice, of MCH from this litigation. IT IS FURTHER STIPULATED that DONDI VAN HORN and MCH each hereby waive
JOINT STIPULATION AND ORDER REGARDING VOLUNTARY DISMISSAL, WITH PREJUDICE, OF DEFENDANT, MADERA COMMUNITY HOSPITAL, FROM THIS LITIGATION
Dockets.Justia.com

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

any and all past, current or future claims for costs and/or fees associated with the above-captioned action and as more fully outlined in the Settlement Agreement & Release executed by Plaintiff and MCH. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD Dated: July 13, 2010 McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP

By:

/s/ Daniel L. Wainwright Mario L. Beltramo, Jr. Daniel L. Wainwright Attorneys for Defendant MADERA COMMUNITY HOSPITAL COVINGTON & BURLING LLP

Dated: July 13, 2010

By:

/s/ E. Daniel Robinson E. Daniel Robinson Attorneys for Plaintiff DONDI VAN HORN

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JOINT STIPULATION AND ORDER REGARDING VOLUNTARY DISMISSAL, WITH PREJUDICE, OF DEFENDANT, MADERA COMMUNITY HOSPITAL, FROM THIS LITIGATION

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

ORDER DISMISSING DEFENDANT, MCH PURSUANT TO THE STIPULATION OF THE PARTIES, AS SET FORTH ABOVE, AND GOOD CAUSE APPEARING IT IS ORDERED AS FOLLOWS: Defendant, MADERA COMMUNITY HOSPITAL, is hereby dismissed, with prejudice, from this litigation effective June 28, 2010. Date: July 15, 2010 ______/s/ Lawrence J. O'Neill_______________________ Lawrence J. O'Neill Judge, U. S. District Court
66215/00060-1586661.v2

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JOINT STIPULATION AND ORDER REGARDING VOLUNTARY DISMISSAL, WITH PREJUDICE, OF DEFENDANT, MADERA COMMUNITY HOSPITAL, FROM THIS LITIGATION