Vision Service Plan v. Federal Insurance Company, an Indiana Corporation et al

Filing 24

ORDER DISMISSING CASE signed by Judge Lawrence K. Karlton on 12/15/06 ORDERING that upon the parties' stipulation, the case is DISMISSED with prejudice under FRCP 41(a)(1) and without costs or attorneys' fees as against any party. CASE CLOSED.(Duong, D)

Case 2:05-cv-01490-LKK-GGH 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 Attorneys for Plaintiff, VISION SERVICE PLAN

Document 24

Filed 12/15/2006

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Robert E. Moss, Jr., Esq., CA Bar No. 146419 VISION SERVICE PLAN 3333 Quality Drive Rancho Cordova, California 95670 Tel: [phone]

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

VISION SERVICE PLAN, a California nonprofit corporation,

) ) ) ) Plaintiffs, ) ) v. ) FEDERAL INSURANCE COMPANY, an ) Indiana corporation; CHUBB & SON; ) CHUBB GROUP OF INSURANCE ) COMPANIES; THE CHUBB ) CORPORATION, a New Jersey corporation; ) and DOES 1 through 50, Inclusive, ) ) Defendants. )

Civil No. 2:05-CV-01490-LKK-GGH Hon. Lawrence K. Karlton STIPULATION AND ORDER OF DISMISSAL

Pursuant to the parties' stipulation and good cause appearing, an Order issued on October 10, 2005, stating that this case was STAYED and that the clerk administratively closed the case, pending the conclusion of the arbitration proceedings between plaintiff and the remaining defendant, FEDERAL INSURANCE COMPANY. The parties were directed to inform the court within ten days of the conclusion of the arbitration proceedings. During the arbitration process, the parties negotiated a mutual settlement of the matter. Accordingly, IT IS HEREBY STIPULATED by and between the parties to this action through their designated counsel that the Complaint filed by plaintiff VISION SERVICE PLAN be and hereby

1 Stipulation and Order of Dismissal

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Case 2:05-cv-01490-LKK-GGH 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 Dated: December 15, 2006 Dated: December 6, 2006 Dated: December 14, 2006

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is dismissed with prejudice under Rule 41(a)(1) of the Federal Rules of Civil Procedure and without costs or attorneys' fees as against any party.

By:

/s/ Robert E. Moss, Jr. ROBERT E. MOSS, JR. Attorneys for Plaintiff, VISION SERVICE PLAN

ROSS, DIXON & BELL, LLP By: /s/ Terrence R. McInnis TERRENCE R. McINNIS Attorneys for Defendant, FEDERAL INSURANCE COMPANY

ORDER OF DISMISSAL Pursuant to the above stipulation of the parties, the Court hereby orders, adjudges and decrees that this action shall be, and hereby is, DISMISSED with prejudice and without costs or fees to any party.

2 Stipulation and Order of Dismissal

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