Gayle v. Safeco Insurance Company of America, et al.

Filing 13

STIPULATION and ORDER to DISMISS Entire Action with Prejudice signed by Magistrate Judge Erica P. Grosjean on 10/13/2017. CASE CLOSED. (Sant Agata, S)

1

4

Bradley L. Young SBN 127027
YOUNG WARD & LOTHERT
A Professional Law Corporation
995 Morning Star Drive, Suite C
Sonora CA 95370-5192
Telephone:
[phone]
Fax:
[phone]

5

Attorney for Plaintiff SUZANNE A. GAYLE

6

PAMELA E. COGAN (SBN 105089)
ROPERS, MAJESKI, KOHN & BENTLEY
1001 Marshall Street, Suite 500
Redwood City, CA 94063-2052
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

2
3

A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

7
8
9
10
11

Attorneys for Defendants SAFECO INSURANCE COMPANY OF
AMERICA, LIBERTY MUTUAL INSURANCE COMPANY, and
LIBERTY MUTUAL GROUP, INC.

12

UNITED STATES DISTRICT COURT

13

EASTERN DISTRICT OF CALIFORNIA

14
15

SUZANNE A. GAYLE,
Plaintiff,

16
17
18
19
20

v.
SAFECO INSURANCE COMPANY OF
AMERICA, LIBERTY MUTUAL
INSURANCE COMPANY, LIBERTY
MUTUAL GROUP, INC., LIBERTY
MUTUAL HOLDING COMPANY, INC.,
and DOES 1 through 25, inclusive,

Case No. 1:16-cv-01686-DAD-EPG
STIPULATION AND ORDER TO
DISMISS ENTIRE ACTION WITH
PREJUDICE
ORDER DIRECTING CLERK TO CLOSE
CASE
(ECF No. 12)

21
Defendants.
22
23
24

IT IS HEREBY STIPULATED by and between Plaintiff Suzanne Gayle and Defendants

25

Safeco Insurance Company of America, Liberty Mutual Insurance Company and Liberty Mutual

26

Group, Inc., by and through their respective attorneys of record, to dismiss Plaintiff’s complaint

27

with prejudice as to all parties and claims, pursuant to Federal Rule of Civil Procedure

28

41(a)(1)(A)(ii), with each side to bear its own fees and costs.

1

IT IS SO STIPULATED.

2

All signatories to this Stipulation, and on whose behalf the filing is submitted, concur in

3

the Stipulation’s content and have authorized its filing.

4
5

Dated: October 12, 2017

ROPERS, MAJESKI, KOHN & BENTLEY

6
By: /s/ Pamela E. Cogan
PAMELA E. COGAN
Attorneys for Defendants
SAFECO INSURANCE COMPANY OF
AMERICA, LIBERTY MUTUAL
INSURANCE COMPANY, and LIBERTY
MUTUAL GROUP, INC.

A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

7
8
9
10
11

Dated: October 12, 2017

YOUNG WARD & LOTHERT

12
13
14

By: /s/ Bradley Young
BRADLEY YOUNG
Attorneys for Plaintiff
SUZANNE GAYLE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-

1
2

ORDER
On October 12, 2017, the parties filed a stipulation to dismiss this action with prejudice.

ended and is dismissed with prejudice and with fees and costs to be addressed pursuant to the

5

parties’ private agreement. See Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San Jose, 111

6

F.3d 688, 692 (9th Cir. 1997); Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“Even if

7

A Professional Corporation
Redwood City

(ECF No. 12.) All parties have agreed to the dismissal. Id. In light of the stipulation, the case has

4

Ropers Majeski Kohn & Bentley

3

the defendant has filed a motion to dismiss, the plaintiff may terminate his action voluntarily by

8

filing a notice of dismissal under Rule 41(a)(1).”). Accordingly, the Clerk of the Court is

9

DIRECTED to close this case.

10
11
12
13

IT IS SO ORDERED.
Dated:

October 13, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-