Salazar v. Union Fidelity Insurance Company et al

Filing 19

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 4/21/11 DISMISSING certain causes of action and claims from complaint and DISCHARGING the 11 Order to Show Cause. It is FURTHER ORDERED that 7 Motion to Dismiss hearing currently set for 4/27/11 is taken off calendar, and the remaining defendants, Union Fidelity Insurance Company and Wells Fargo Insurance, Inc., shall answer the complaint within 14 days hereafter. (Donati, J)

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James P. Lemieux (SBN 167367) [e-mail]
David A. Ring (SBN 190011) [e-mail]
DEMLER, ARMSTRONG & ROWLAND
4500 E. Pacific Coast Highway, Fourth Floor
Long Beach, CA 90804
Tel: [phone]
Fax: [phone]
Attorneys for Defendants
Union Fidelity Insurance Company, Employers
Reassurance Corporation, General Electric
Company and Wells Fargo Insurance, Inc.
(erroneously sued herein as “Wells Fargo”)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA (SACRAMENTO)

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ALICIA SALAZAR,
Plaintiff,

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Judge:
Kimberly J. Mueller
Courtroom: 3

v.
UNION FIDELITY INSURANCE
COMPANY, WELLS FARGO,
EMPLOYERS REASSURANCE
CORP., GENERAL ELECTRIC
COMPANY, and DOES 1 through 150,
inclusive,

STIPULATION AND ORDER RE
DISMISSAL OF CERTAIN CAUSES
OF ACTION AND CLAIMS FROM
COMPLAINT

Defendants.

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Case No. 2:11-CV-00495-KJM-GGH

The parties, having met and conferred through their counsel on the issues
raised in defendants’ pending motion to dismiss, hereby stipulate as follows:
1.

Defendants Employers Reassurance Corporation and General Electric

Company are dismissed from this action without prejudice;
2.

The Complaint’s first cause of action for breach of contract and second

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cause of action for breach of the implied covenant of good faith and fair dealing are
dismissed without prejudice;

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3.

The Complaint’s punitive (“exemplary”) damages claim (Prayer, 8:24)

is dismissed without prejudice;
GE9378\PLEADINGS\STIPDSMS01

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CASE NO. 2:11-CV-00495-KJM-GGH
STIPULATION AND ORDER RE DISMISSAL
OF CERTAIN CLAIMS REMOVAL

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4.

Prayer, 9:1) is dismissed without prejudice;

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The Complaint’s attorneys’ fees claim (Complaint, ¶¶ 42, 43 and

5.

The claim for disgorgement of profits in paragraph 41 of the

Complaint is dismissed without prejudice;

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6.

The claims for consequential and emotional distress damages in the

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Complaint’s third cause of action for “Unfair Business Practice” (Complaint, ¶¶ 43,

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44) are dismissed without prejudice.

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The parties further stipulate that, if the Court signs the proposed order

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submitted with this stipulation (the “order”), defendants’ pending motion to dismiss

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shall be taken off calendar, and the remaining defendants, Union Fidelity Insurance

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Company and Wells Fargo Insurance, Inc. (erroneously sued and served herein as

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“Wells Fargo”), shall answer the Complaint within 14 days after the Court signs the

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order.

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Should plaintiff wish to bring any of these dismissed items back into this

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case, a noticed motion for leave to amend must be made in accordance with the

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Federal Rules of Civil Procedure.

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IT IS SO STIPULATED

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Dated: March ___, 2011

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By: /s/ James P. Lemieux
James P. Lemieux
David A. Ring
Attorneys for Defendants
Union Fidelity Insurance Co., Employers Reassurance
Corporation, General Electric Company and Wells
Fargo Insurance, Inc. (erroneously sued herein as
“Wells Fargo”)

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DEMLER, ARMSTRONG & ROWLAND, LLP

Dated: March __, 2011

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HELLER & HIBBERT, LLP
By: /s/ Steven M. Heller
Steven M. Heller
Attorneys for Plaintiff Alicia Salazar

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GE9378\PLEADINGS\STIPDSMS01

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CASE NO. 2:11-CV-00495-KJM-GGH
STIPULATION AND ORDER RE
DISMISSAL OF CERTAIN CLAIMS

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ORDER

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Having considered the foregoing stipulation, and good cause appearing

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therefor, the Court hereby orders as follows:
1.

Defendants Employers Reassurance Corporation and General Electric

Company are dismissed from this action without prejudice;
2.

The Complaint’s first cause of action for breach of contract and second

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cause of action for breach of the implied covenant of good faith and fair dealing are

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dismissed without prejudice;

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3.

The Complaint’s punitive (“exemplary”) damages claim (Prayer, 8:24)

is dismissed without prejudice;
4.

The Complaint’s attorneys’ fees claim (Complaint, ¶¶ 42, 43 and

Prayer, 9:1) is dismissed without prejudice;
5.

The claim for disgorgement of profits in paragraph 41 of the

Complaint is dismissed without prejudice;
6.

The claims for consequential and emotional distress damages in the

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Complaint’s third cause of action for “Unfair Business Practice” (Complaint, ¶¶ 43,

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44) are dismissed without prejudice.

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Further, defendants’ pending motion to dismiss, currently set for hearing on

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April 27, 2011, is hereby taken off calendar, and the remaining defendants, Union

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Fidelity Insurance Company and Wells Fargo Insurance, Inc., shall answer the
Complaint within 14 days hereafter. Should plaintiff wish to bring any of the

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dismissed items back into this case, a noticed motion for leave to amend must be

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made in accordance with the Federal Rules of Civil Procedure.
The Court’s order to show cause filed on March 31, 2011 (ECF 11) is hereby

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DISCHARGED.

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IT IS SO ORDERED

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Date: April 21, 2011.

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GE9378\PLEADINGS\STIPDSMS01

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UNITED STATES DISTRICT JUDGE
CASE NO. 2:11-CV-00495-KJM-GGH
STIPULATION AND ORDER RE
DISMISSAL OF CERTAIN CLAIMS