Muir v. U.C. Davis et al

Filing 41

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 1/26/17 ORDERING that pursuant to FRCP 41(a)(2) defendants Regents of the University of California sued herein as U.C. Davis Medical Center and United States of America are hereby DISMISSED, without prejudice, from Action No. 2:14-CV)-02716-MCE-CKD and 2:15-CV-01655-MCE-CKD. The matter having now been concluded in its entirety, the Clerk of Court is directed to close the file.CASE CLOSED(Becknal, R)

1 CHARLES D. CARAWAY (SBN 289360)
GOYETTE & ASSOCIATES, INC.
2 2366 Gold Meadow Way, Suite 200
Gold River, CA 95670
3 Telephone: [phone]
Facsimile: [phone]
4 [e-mail]
Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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LAURA KAVALAUSKAS AS EXECUTOR
11 AND TRUSTEE OF THE LEWIS W. MUIR
REVOCABLE TRUST; AND, LAURA
12 KAVALAUSKAS, LOREN D. MUIR, HALLIE
CORDES, AND LEWIS B. MUIR AS
13 SUCCESSOR-IN INTEREST OF DECEDENT
LEWIS W. MUIR,
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Plaintiffs,
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vs.
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Case No.: 2:14-cv-02716-MCE-CKD
STIPULATION FOR VOLUNTARY
DISMISSAL OF CONSOLIDATED
ACTIONS; ORDER THEREON

U.C. DAVfS MEDICAL CENTER, ET AL. ,
Defendants.

LAURA KA VALAUSKAS, AS EXECUTOR
20 AND TRUSTEE OF THE LE\VIS W. MUIR
REVOCABLE TRUST; LAURA
21 KAVALAUSKAS: LOREN D. MUIR; HALLIE
CORDES; AND LEWIS B. MUIR AS
22 SUCCESSOR-IN INTEREST OF DECEDENT
LEWIS W. MUIR,
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Plaintiffs,
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vs.
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UNITED STATES OF AMERICA,
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Defendant.
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Case No.2: 15-cv-01655 -MCE-CKD

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STIPULATION FOR VOLUNTARY DISMISSAL OF CONSOLIDATED ACTIONS; ORDER THEREON

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2 Pursuant to Federal Rules of Civil Procedure 41 (a)(2), Plaintiffs Laura Kavalauskas as Executor and
3 Trustee of the Lewis W. Muir Revocable Trust, Laura Kavalauskas, Loren D. Muir, Hallie Cordes,
4 and Lewis B. Muir as Successor-In-Interest of Decedent Lewis W. Muir (''Plaintiffs'') have named
5 Defendant REGENTS OF THE UNIVERSITY OF CALIFORNIA sued herein as U.C. DAVIS
6 MEDICAL CENTER as a party defendant in the Complaint filed in action No. 2:14-CV-02716 MCE
7 CKD, and in the First Amended Complaint filed herein on January 15. 2015, and have named
8 Defendant UNITED STATES OF AMERICA as a party defendant in the Complaint filed by the same
9 plaintiffs in action No. 2:15-CV-01655-MCE-DAD. These matters have now settled.
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In return for that voluntary dismissal. Defendants REGENTS OF THE UNIVERSITY OF

11 CALIFORNIA sued herein as U.C. DAVIS MEDICAL CENTER and UNITED STATES OF
12 AMERICA have agreed to waive any claims for costs or fees they may otherwise have against
13 Plaintiffs. Additionally, Plaintiffs agree to indemnify and hold harmless Defendants for any and all
14 lien claims arising out of this matter, including but not limited to the CMS lien.
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Given the foregoing, and good cause appearing, the parties hereby agree that Defendants the

16 REGENTS OF THE UNIVERSITY OF CALIFORNIA sued herein as U.C. DAVIS MEDICAL
17 CENTER and UNITED STATES OF AMERICAN should, and hereby are, dismissed from these
18 consolidated actions, without prejudice.
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IT IS SO STIPULATED:

20 DATED:

12/12

, 2016

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GOYETTE & ASSOCIATES, INC.
By:

//Charles D. Caraway
CHALRES D. CARAWAY
Attorneys for Plaintiffs

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DATED:

1/25

, 2017

WILKE, FLEURY, HOFFELT,
GOULD & BIRNEY, LLP
By:

//Ronald R. Lamb
RONALD R. LAMB
Attorneys for The Regents of the University of
California, sued and served as UC Davis Medical
Center
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STIPULATION FOR VOLUNTARY DISMISSAL OF CONSOLIDATED ACTIONS; ORDER THEREON

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ORDER OF DISMISSAL
Based on the foregoing Stipulation of the parties and good cause appearing, it is hereby

3 ordered that pursuant to FRCP 41(a)(2) defendants REGENTS OF THE UNIVERSITY OF
4 CALIFORNIA sued herein as U.C. DAVIS MEDICAL CENTER and UNITED STATES OF
5 AMERICA are hereby dismissed, without prejudice, from Action No. 2:14-CV)-02716-MCE-CKD
6 and 2:15-CV-01655-MCE-CKD. The matter having now been concluded in its entirety, the Clerk of
7 Court is directed to close the file.
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IT IS SO ORDERED.

9 Dated: January 26, 2017
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STIPULATION FOR VOLUNTARY DISMISSAL OF CONSOLIDATED ACTIONS; ORDER THEREON