Close v. Liberty Life Assurance Company of Boston

Filing 16

ORDER CLOSING CASE, signed by Magistrate Judge Jennifer L. Thurston on 6/30/2017. CASE CLOSED. (Hall, S)

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1 2 3 4 PAMELA E. COGAN (SBN 105089) ROBERT M. FORNI (SBN 180841) ROPERS, MAJESKI, KOHN & BENTLEY 1001 Marshall Street, Suite 500 Redwood City, CA 94063-2052 Telephone: (650) 364-8200 Facsimile: (650) 780-1701 Email: pamela.cogan@rmkb.com; robert.forni@rmkb.com 5 6 Attorneys for Defendant, LIBERTY LIFE ASSURANCE COMPANY OF BOSTON A Professional Corporation Redwood City Ropers Majeski Kohn & Bentley 7 8 9 10 BERNARD R. SCHWAM LAW OFFICES OF BERNARD R. SCHWAM 16133 Ventura Blvd., Penthouse Encino, CA 91436 Telephone: (818) 986-3775 Facsimile: (818) 788-3153 Email: bschwam@sbcglobal.net 11 12 Attorneys for Plaintiff, LARRY CLOSE 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 LARRY CLOSE, 18 CASE NO. 1:17-cv-00310-AWI-JLT Plaintiff, 19 v. 20 LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, STIPULATION AND [PROPOSED] ORDER DISMISSING ENTIRE ACTION WITH PREJUDICE (Doc. 15) 21 Defendant. 22 23 24 IT IS HEREBY STIPULATED by and between the Plaintiff, LARRY CLOSE, and 25 Defendant LIBERTY LIFE ASSURANCE COMPANY OF BOSTON by and through their 26 respective attorneys of record, that the above-captioned action shall be, and hereby is, dismissed 27 with prejudice as to all parties and claims, pursuant to Federal Rule of Civil Procedure 28 41(a)(1)(A)(ii). Each party shall bear its own fees and costs. 4845-4900-9482.1 STIPULATION AND [PROPOSED] ORDER DISMISSING ENTIRE ACTION WITH PREJUDICE CASE NO. 1:17-CV-00310-AWI-JLT 1 All signatories to this Stipulation, and all parties on whose behalf the filing is submitted, 2 concur with the Stipulation’s content and have authorized its filing. 3 Dated: June 30, 2017 ROPERS, MAJESKI, KOHN & BENTLEY 4 5 By: 6 A Professional Corporation Redwood City Ropers Majeski Kohn & Bentley 7 /s/ Robert M. Forni, Jr. PAMELA E. COGAN ROBERT M. FORNI, JR. Attorneys for Defendant, LIBERTY LIFE ASSURANCE COMPANY OF BOSTON 8 9 Dated: June 30, 2017 LAW OFFICES OF BERNARD R. SCHWAM 10 11 By: 12 13 ORDER 14 15 16 17 18 19 20 21 22 /s/ Bernard R. Schwam BERNARD R. SCHWAM Attorneys for Plaintiff LARRY CLOSE The parties have stipulated to dismiss this case with each party shall bear its own attorney’s fees and costs. The stipulation relies upon Rule 41 of the Federal Rules of Civil Procedure, under which “the plaintiff may dismiss an action without a court order by filing . . . a stipulation of dismissal signed by all parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). Because all parties who have appeared in the action signed the stipulation, it “automatically terminate[d] the action.” Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, the Clerk of Court is DIRECTED to close this action; IT IS SO ORDERED. 23 Dated: 24 June 30, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 25 26 27 28 4845-4900-9482.1 -2- STIPULATION AND [PROPOSED] ORDER DISMISSING ENTIRE ACTION WITH PREJUDICE CASE NO. 1:17-CV-00310-AWI-JLT

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