Rishe v. Biggs-Gridley Memorial Hospital

Filing 13

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 11/06/12 ORDERING that this action is DISMISSED with prejudice, each party to bear their own attorneys' fees and costs. CASE CLOSED (Benson, A.)

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1 2 3 4 5 6 7 8 9 10 KIMBERLEY A. WORLEY, State Bar No. 119299 HOLDEN LAW GROUP 1522 Lincoln Way Auburn, CA 95603-5015 Telephone: 530.888.0901 Facsimile: 530.888.0902 Attorneys for Defendant BIGGS-GRIDLEY MEMORIAL HOSPITAL MICHAEL J. TREZZA, State Bar No. TREZZA, ITHURBURN, STEIDLMAYER & ITHURBURN 506 Second Street Yuba City, CA 95991 Telephone: 530.673.5637 Attorneys for Plaintiff KENNETH RISHE 11 IN THE UNITED STATES DISTRICT COURT 12 FOR THE EASTERN DISTRICT OF CALIFORNIA 13 14 KENNETH RISHE Plaintiff, 15 16 17 18 v. BIGGS-GRIDLEY MEMORIAL HOSPITAL and DOES 1 through 25, inclusive, Case No. 2:11-CV-03014-MCE-CMK STIPULATION FOR VOLUNTARY DISMISSAL WITH PREJUDICE; ORDER RE SAME [Fed. R. Civ. P. 25(a), 41(a)(2)] Defendants. 19 20 21 WHEREAS, the parties stipulate as follows: 22 1. Plaintiff died on February 15, 2012; 23 2. Plaintiff’s counsel has notified Defendant’s counsel that Plaintiff’s estate has not been 24 25 26 27 28 HOLDEN LAW GROUP 1522 LINCOLN WAY AUBURN, CA 95603 530.888.0901 and will not be probated; 3. Plaintiff’s counsel has notified Defendant’s counsel that Plaintiff’s successor and representative is his wife, Angeles M. Rishe; 4. Plaintiff’s counsel has notified Defendant’s counsel that Ms. Rishe has requested that the matter be dismissed with prejudice, each party to bear their own attorneys’ fees and costs; STIPULATION FOR VOLUNTARY DISMISSAL WITH PREJUDICE CASE NO. 2:11-CV-03014-MCE-CMK 1 2 3 4 5 5. Plaintiff’s counsel has notified Defendant’s counsel that he has been authorized by Ms. Rishe to sign and submit the documents needed to accomplish that goal; 6. Defendant has received Ms. Rishe’s executed agreement authorizing the dismissal with prejudice, each party to bear their own attorneys’ fees and costs; and 7. The parties hereby agree that this matter shall be dismissed with prejudice, each party to 6 bear their own attorneys’ fees and costs. 7 Dated: October 26, 2012 TREZZA, ITHURBURN, STEIDLMAYER & ITHURBURN 8 9 By: 10 11 /s/ Michael J. Trezza MICHAEL J. TREZZA Attorneys for Plaintiff KENNETH RISHE 12 13 Dated: October 26, 2012 HOLDEN LAW GROUP 14 By: 15 16 /s/ Kimberley A. Worley KIMBERLEY A. WORLEY Attorneys for Defendant BIGGS-GRIDLEY MEMORIAL HOSPITAL 17 ORDER 18 19 The parties having stipulated and good cause appearing, the Court hereby dismisses this action 20 with prejudice, each party to bear their own attorneys’ fees and costs. The Clerk of the Court is directed 21 to close the file. 22 IT IS SO ORDERED. 23 Dated: November 6, 2012 24 25 26 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE 27 28 HOLDEN LAW GROUP 1522 LINCOLN WAY AUBURN, CA 95603 530.888.0901 STIPULATION FOR VOLUNTARY DISMISSAL WITH PREJUDICE CASE NO. 2:11-CV-03014-MCE-CMK

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