American General Life Insurance Company v. Hurst

Filing 6

ORDER 5 DISMISSING CASE signed by Judge John A. Mendez on 11/18/2014. This action is DISMISSED with prejudice. Each side to bear its own costs and fees. (Marciel, M)

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MICHAEL K. BRISBIN (SBN:169495)
Email: [e-mail]
LISA SILVA PASSALACQUA (SBN:161990)
Email: [e-mail]
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
525 Market Street, 17th Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
AMERICAN GENERAL LIFE INSURANCE COMPANY

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AMERICAN GENERAL LIFE
INSURANCE COMPANY,

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Plaintiff,
vs.

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GREGORY F. HURST,

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Defendant.

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Case No. 2:14-cv-02617-JAM-CKD
ORDER ON PLAINTIFF
AMERICAN GENERAL LIFE
INSURANCE COMPANY’S
REQUEST FOR VOLUNTARY
DISMISSAL OF ITS COMPLAINT
WITH PREJUDICE FILED
AGAINST DEFENDANT GREGORY
F.HURST
FRCP Rule 41(a)(2)

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The Court having considered Plaintiff American General Life Insurance
Company’s request, finds that good cause appears for its request because:

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(1)

No Defendant has answered the Complaint’

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(2)

Defendant Hurst returned an executed and notarized Voluntary

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Rescission Agreement dated November 14, 2014, wherein he agreed to the

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rescission of American General Life Insurance policy number YME1373079.

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(3)

American General accepted the executed and notarized Voluntary

Rescission Agreement from Defendant Hurst, and;
(4)

In exchange for the executed and notarized Voluntary Rescission

Agreement, American General agrees to dismiss its lawsuit with prejudice, each
[PROPOSED] ORDER ON PLAINTIFF’S REQUEST FOR VOLUNTARY DISMISSAL OF ITS
COMPLAINT WITH PREJUDICE FILED AGAINST DEFENDANT GREGORY F. HURST

Case No.: 2:14-CV-02617-JAM-CKD
1295633v.1

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side to bear its own costs and fees.
NOW, THEREFORE, the above captioned action is hereby dismissed
with prejudice, each side to bear its own costs and fees.

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Dated: November 18, 2014

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/s/ John A. Mendez
JOHN A. MENDEZ
UNITED STATES DISTRICT COURT
JUDGE

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[PROPOSED] ORDER ON PLAINTIFF’S REQUEST FOR VOLUNTARY DISMISSAL OF ITS
COMPLAINT WITH PREJUDICE FILED AGAINST DEFENDANT GREGORY F. HURST

Case No.: 2:14-CV-02617-JAM-CKD
1295633v.1

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