Eslinger v The Donahue Bates Blakemore and Mackey Long-Term Disability Ins., et al

Filing 67

STIPULATION TO DISMISS ENTIRE ACTION WITH PREJUDICE signed by Senior Judge Lawrence K. Karlton on 3/3/11 ORDERING that this action, is dismissed in its entirety as to all defendants and cross-defendants, with prejudice. IT IS HEREBY FURTHER ORDERED that each party shall bear its own attorney fees and costs in this matter. CASE CLOSED.(Becknal, R)

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-JFM Eslinger v Donahue Bates Blakemore and Mackey Long-Term Disability Ins., et al Doc. 67 1 Linda M. Lawson (Bar No. 77130) LLawson@mmhllp.com 2 Carmen J.Kemp (Bar No. 218489) CKemp@mmhllp.com 3 MESERVE, MUMPER & HUGHES LLP 300 South Grand Avenue, 24th Floor 4 Los Angeles, California 90071-3185 Telephone: (213) 620-0300 5 Facsimile: (213) 625-1930 6 Attorneys for Defendant FORT DEARBORN LIFE INSURANCE 7 COMPANY 8 9 10 11 DEBRA ESLINGER, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) ) Plaintiff, ) ) vs. ) ) THE DONAHUE BATES BLAKEMORE & MACKEY LONG- ) ) TERM DISABILITY INSURANCE ) PLAN; HIGHMARK LIFE ) INSURANCE COMPANY; FORT ) DEARBORN LIFE INSURANCE ) COMPANY; DOES 1 through 20, ) Inclusive,, ) ) Defendant. ) ) ) UNIVERSITY DISABILITY ) CONSORTIUM, ) ) Cross-Claimant, ) ) vs. ) ) HIGHMARK LIFE INSURANCE COMPANY, FORT DEARBORN LIFE ) ) INSURANCE COMPANY; ) DISABILITY REINSURANCE ) MANAGEMENT SERVICES, INC. ) and ROES 1-20, inclusive, ) ) Cross-Defendants. ) Case No. 2:09-cv-02548-LKK-JFM STIPULATION TO DISMISS ENTIRE ACTION WITH PREJUDICE; ORDER THEREON Complaint Filed: September 11, 2009 MESERVE, MUMPER & HUGHES LLP 115246.1 1 Case No. 2:09-cv-02548-LKK-JFM STIPULATION TO DISMISS ENTIRE ACTION WITH PREJUDICE; ORDER THEREON Dockets.Justia.com 1 Plaintiff DEBRA ESLINGER, defendants/cross-defendants HIGHMARK 2 LIFE INSURANCE COMPANY, FORT DEARBORN LIFE INSURANCE 3 COMPANY, DISABILITY REINSURANCE MANAGEMENT SERVICES, INC., 4 defendants, THE DONAHUE BATES BLAKEMORE AND MACKEY LONG 5 TERM DISABILITY PLAN and DONAHUE BATES BLAKEMORE AND 6 MACKEY LLP, and defendant/cross-claimant UNIVERSITY DISABILITY 7 CONSORTIUM, by and through their respective counsel of record, hereby agree 8 and stipulate to dismiss this action in its entirety, including the cross-claim, with 9 prejudice as to all parties, pursuant to Federal Rules of Civil Procedure, Rule 41(a), 10 and each party shall bear its own attorneys' fees and costs in this matter. 11 The parties seek the Court's approval of dismissal of this action, including the 12 cross-claim, with prejudice. 13 14 15 16 Dated: February 23, 2011 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES IT IS SO STIPULATED. MESERVE, MUMPER & HUGHES LLP LINDA M. LAWSON CARMEN J. KEMP By: /S/ Carmen J. Kemp Carmen J. Kemp Attorneys for Defendants and Cross-Defendants FORT DEARBORN LIFE INSURANCE COMPANY and HIGHMARK LIFE INSURANCE COMPANY Dated: March 3, 2011 LAW OFFICES OF JOHN M. RIESTENBERG JOHN M. RIESTENBERG By: /S/ John M. Riestenberg John M. Riestenberg Attorneys for Plaintiff DEBRA ESLINGER Case No. 2:09-cv-02548-LKK-JFM STIPULATION TO DISMISS ENTIRE ACTION WITH PREJUDICE; ORDER THEREON MESERVE, MUMPER & HUGHES LLP 115246.1 2 1 Dated: February 23, 2011 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 LAW OFFICES PIERCE ATWOOD LLP WILLIAM J. KAYATTA GERALDINE G. SANCHEZ By: /S/ Geraldine G. Sanchez Geraldine G. Sanchez Attorneys for Defendant and CrossDefendant DISABILITY REINSURANCE MANAGEMENT SERVICES, INC. Dated: February 23, 2011 MARK S. TRATTEN J. THOMAS ALDRICH ERICKSEN ARBUTHNOT By: /S/ Mark S. Tratten Mark S. Tratten Attorneys for Defendant and CrossClaimant UNIVERSITY DISABILITY CONSORTIUM Dated: February 23, 2011 DONAHUE BATES BLACKMORE & MACKEY LLP STEPHEN J. MACKEY By: /S/ Stephen J. Mackey Stephen J. Mackey Attorneys for Defendant DONAHUE BATES BLACKMORE & MACKEY LLP MESERVE, MUMPER & HUGHES LLP 115246.1 3 Case No. 2:09-cv-02548-LKK-JFM STIPULATION TO DISMISS ENTIRE ACTION WITH PREJUDICE; ORDER THEREON 1 2 3 ORDER Based upon the stipulation of the parties and for good cause shown, IT IS HEREBY ORDERED that this action, Case No. 2:09-CV-02548 LKK 4 JFM, is dismissed in its entirety as to all defendants and cross-defendants, with 5 prejudice. 6 IT IS HEREBY FURTHER ORDERED that each party shall bear its own 7 attorney fees and costs in this matter. 8 9 IT IS SO ORDERED. 10 11 Dated: March 3, 2011 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES MESERVE, MUMPER & HUGHES LLP 115246.1 4 Case No. 2:09-cv-02548-LKK-JFM STIPULATION TO DISMISS ENTIRE ACTION WITH PREJUDICE; ORDER THEREON

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