Lara v. Sutter Davis Hospital et al

Filing 51

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 2/28/14 ORDERING pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the Plaintiff, Jennifer Lara, and her counsel, Linda Fermoyle Rice of Rice & Bloomfield, LLP, hereby stipulate to a voluntary dismissal of all claims asserted against Defendants, Sutter Davis Hospital, Sutter West Women's Health and Susan Maayah, M.D., without prejudice, in the above-captioned matter. This Stipulation is not intended to dismiss with or without prejudice any claims that may be brought on behalf of plaintiff's minor child, ER. Defendant/Cross-Complainant, Sutter Davis Hospital, hereby stipulates to a voluntary dismissal of its third party complaint asserted against Cross-Defendant, United States of America, with prejudice. CASE CLOSED (Becknal, R)

1
2
3
4
5

Linda Fermoyle Rice, Esquire (State Bar No. 86688)
RICE & BLOOMFIELD, LLP
16133 Ventura Boulevard, Suite 1180
Encino, California 91436-2416
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
Attorneys for Plaintiff,
JENNIFER LARA

6
7
8

THE UNITED STATES DISTRICT COURT

9

THE EASTERN DISTRICT OF CALIFORNIA

10
11

JENNIFER LARA,

12
13
14
15
16

CASE NO: 2:12-CV-02407-WBS-CKD

Plaintiff,
STIPULATION AND [PROPOSED] ORDER
OF VOLUNTARY DISMISSAL PURSUANT
TO F.R.C.P. 41(a)(1)(A)(ii)

vs.
SUTTER DAVIS HOSPITAL, SALUD
CLINIC, SUTTER WEST WOMEN’S
HEALTH, SUSAN MAAYAH, M.D.,
AMELIA BAUERMANN, C.N.M.,and
DOES 1 to 100, inclusive,

17

Defendants.

18

--------------------------------------------------

19

SUTTER DAVIS HOSPITAL,

20
21
22

Cross-Complainant,
vs.
UNITED STATES OF AMERICA, and
ROES 1 - 10.

23
Cross-Defendants.
24
25
26
27
28

SUBJECT TO THE APPROVAL OF THE COURT, THE PARTIES THROUGH
THEIR RESPECTIVE COUNSEL OF RECORD HEREBY STIPULATE AND AGREE AS
FOLLOWS:

Law Offices of
Rice & Bloomfield,
LLP Encino, CA

Stipulation and [Proposed] Order of Voluntary Dismissal Pursuant to F.R.C.P. 41(a)(1)(A)(ii)

1

Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the

2

Plaintiff, Jennifer Lara, and her counsel, Linda Fermoyle Rice of Rice & Bloomfield, LLP,

3

hereby stipulate to a voluntary dismissal of all claims asserted against Defendants,

4

Sutter Davis Hospital, Sutter West Women’s Health and Susan Maayah, M.D.

5

(collectively with Plaintiff, Defendants and Cross-Defendant, United States of America,

6

herein referred to as the “Parties”), without prejudice, in the above-captioned matter.1

7

This Stipulation is not intended to dismiss with or without prejudice any claims

8

that may be brought on behalf of plaintiff’s minor child, ER.

9

Defendant/Cross-Complainant, Sutter Davis Hospital, hereby stipulates to a

10

voluntary dismissal of its third party complaint asserted against Cross-Defendant,

11

United States of America, with prejudice.

12

Federal Rule of Civil Procedure 41(a)(1)(A)(ii) provides, in relevant part:

13

(a) Voluntary Dismissal

14

(1) By the Plaintiff.

15

(A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2, and 66

16

and any applicable federal statute, the plaintiff may dismiss an action

17

without a court order by filing:

18

(ii) a stipulation of dismissal signed by all parties who have

19

appeared.

20

On or about January 28, 2014, the Parties entered into a Settlement Agreement

21

(Doc. 47), whereby Defendants, Sutter Davis Hospital, Sutter West Women’s Health

22

and Susan Maayah, M.D. would be released from any and all claims before this Court in

23

exchange for a waiver of any and all fees, including a cost award due by Plaintiff Lara to

24

Defendants Sutter Davis Hospital, Sutter West Women’s Health and Susan Maayah,

25

M.D. pursuant to Order of the Court entered on January 17, 2014 (Doc. 46).

26

///

27
28
Law Offices of
Rice & Bloomfield,
LLP Encino, CA

1

Plaintiff previously dismissed her claims against Salud Clinic and Amelia
Bauermann with prejudice while the action was pending in state court.
-2Stipulation and [Proposed] Order of Voluntary Dismissal Pursuant to F.R.C.P. 41(a)(1)(A)(ii)

1
2

The parties further stipulate that each side shall bear its own attorney’s fees and
costs.

3

WHEREFORE, the Parties request that this Court enter an Order dismissing the

4

above-captioned action filed by Plaintiff Lara against Defendants Sutter Davis Hospital,

5

Sutter West Women’s Health and Susan Maayah, M.D. without prejudice.

6

WHEREFORE, the Parties further request that this Court enter an Order

7

dismissing Defendant/Cross-Complainant, Sutter Davis Hospital’s third party complaint

8

filed against Cross-Defendant, United States of America with prejudice.

9

IT IS SO STIPULATED.

10
11

Respectfully submitted,
Dated: February 18, 2014

Rice & Bloomfield, L.L.P.

12
/s/ Linda Fermoyle Rice
LINDA FERMOYLE RICE,
Counsel for Plaintiffs, Jennifer Lara

13
14
15

Dated: February 19, 2014

16

/s/ Larry Byron Thorton
LARRY BYRON THORTON,
Counsel for Defendant and Cross Claimant,
Sutter Davis Hospital

17
18
19

Dated: February 20, 2014

20

22
Dated: February 20, 2014

24

Schuering Zimmerman & Doyle, LLP
/s/ Kat Todd for Robert Zimmerman
ROBERT HARRY ZIMMERMAN
Counsel for Defendants, Sutter West Women’s
Health and Susan K. Maayah, M.D.

25
26
IT IS SO ORDERED.
27
Dated: February 28, 2014

Law Offices of

U.S. Attorney
/s/ Edward A. Olsen
EDWARD A. OLSEN,
Counsel for Cross Defendant, The United
States of America

21

23

Lafollette, Johnson, De Haas, Fesler & Ames

Rice & Bloomfield, LLP Encino, CA