Saint Agnes Medical Center v. Mid-West National Life Insurance Company of Tennessee

Filing 7

FRCP Rule 41 Stipulation for Dismissal with Prejudice; ORDER signed by District Judge Lawrence J. O'Neill on 1/31/14. CASE CLOSED. (Verduzco, M)

1 LEE TRAN & LIANG LLP
Geoffrey T. Tong (Bar No. 140312)
2 [e-mail]
Cyrus M. Khojandpour (Bar No. 260233)
3 [e-mail]
601 S. Figueroa Street, Suite 3900
4 Los Angeles, California 90017
Tel.: [phone]
5 Fax: [phone]
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Attorneys for Defendant
7 MID-WEST NATIONAL LIFE INSRUNACE
COMPANY OF TENNESSEE
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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12 SAINT AGNES MEDICAL CENTER, a
California non-profit public benefit
13 corporation,
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Plaintiff,
v.

CASE NO.: 1:14-cv-00078-LJO-SKO
[Complaint Filed: November 4, 2013]
FRCP RULE 41 STIPULATION
FOR DISMISSAL WITH
PREJUDICE AND ORDER
THEREON

17 MID-WEST NATIONAL LIFE
INSURANCE COMPANY OF
18 TENNESSEE, a California for-profit
Trial Date: None
corporation; and DOES 1 THROUGH 10,
19 INCLUSIVE,
Defendants.
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07121/
FRCP RULE 41 DISMISSAL WITH PREJUDICE

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JOINT STIPULATION
WHEREAS Plaintiff Saint Agnes Medical Center (“Saint Agnes”), wishes to

3 dismiss this action with prejudice in exchange for a waiver of collectible costs
4 and/or attorneys’ fees by Defendant Mid-West National Life Insurance Company
5 of Tennessee (“Mid-West”); and
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WHEREAS Defendant Mid-West is willing to accept said dismissal with

7 prejudice by Plaintiff Saint Agnes and is willing to waive all costs and/or
8 attorneys’ fees in exchange; and
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WHEREAS, the interests of justice would be served by such dismissal and

10 waiver;
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NOW, THEREFORE, IT IS STIPULATED by and between the parties

12 hereto, through their respective counsel that, pursuant to Federal Rule of Civil
13 Procedure 41(a), this matter be dismissed with prejudice pursuant to the terms
14 outlined above and with permission of the Court.
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IT IS SO STIPULATED.

16 DATED: January 31, 2014

LEE TRAN & LIANG, LLP

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By /s/
Geoffrey Tong
Geoffrey T. Tong
Cyrus M. Khojandpour
Attorneys for Defendant Mid-West National
Life Insurance Company of Tennessee

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DATED: January 31, 2014

STEPHENSON, ACQUISTO &COLMAN

By /s/ Shadi Shayan
Melanie Joy Young
Barry Sullivan
Richard A. Lovich
Shadi Shayan
Attorneys for Plaintiff Saint Agnes Medical
Center

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07121/

-1FRCP RULE 41 DISMISSAL WITH PREJUDICE

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ORDER

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PURSUANT TO THE STIPULATION OF THE PARTIES AND GOOD

3 CAUSE APPEARING, IT IS ORDERED that the above-entitled action and
4 Defendant Mid-West National Life Insurance Company of Tennessee named in the
5 Complaint [ECF No. 1] on file herein are dismissed with prejudice pursuant to
6 Federal Rules of Civil Procedure.
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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

January 31, 2014

UNITED STATES DISTRICT JUDGE

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-2FRCP RULE 41 DISMISSAL WITH PREJUDICE