American General Life Insurance Company v. Gish-Baker

Filing 6

ORDER signed by District Judge Troy L. Nunley on 1/30/15 ORDERING that this Action is DISMISSED with prejudice, each side to bear its own costs and fees. CASE CLOSED. (Mena-Sanchez, L)

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1 2 3 4 5 6 7 MICHAEL K. BRISBIN (SBN:169495) Email: michael.brisbin@wilsonelser.com LISA SILVA PASSALACQUA (SBN:161990) Email: lisa.passalacqua@wilsonelser.com WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 525 Market Street, 17th Floor San Francisco, California 94105 Telephone: (415) 433-0990 Facsimile: (415) 434-1370 Attorneys for Plaintiff AMERICAN GENERAL LIFE INSURANCE COMPANY 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 AMERICAN GENERAL LIFE INSURANCE COMPANY, 13 14 15 16 17 Plaintiff, vs. KIMBERLY GISH-BAKER, Defendant. Case No. CV 14-02986-TLN-CKD ORDER ON PLAINTIFF AMERICAN GENERAL LIFE INSURANCE COMPANY’S REQUEST FOR VOLUNTARY DISMISSAL OF ITS COMPLAINT WITH PREJUDICE FILED AGAINST DEFENDANT KIMBERLY GISH-BAKER FRCP Rule 41(a)(2) 18 19 20 21 22 23 24 25 26 27 28 1 ORDER GRANTING AMERICAN GENERAL LIFE INSURANCE COMPANY’S REQUEST FOR VOLUNTARY DISMISSAL OF ITS COMPLAINT WITH PREJUDICE FILED AGAINST DEFENDANT KIMBERLY GISH-BAKER Case No.: CV 14-02986-TLN-CKD 1 2 The Court having considered Plaintiff American General Life Insurance Company’s request, finds that good cause appears for its request because: 3 (1) No Defendant has answered the Complaint. 4 (2) Defendant Gish-Baker returned an executed and notarized Voluntary 5 Rescission Agreement dated January 14, 2015, wherein she agreed to the 6 rescission of American General Life Insurance policy number 7 YMD7275863. 8 (3) 9 10 American General accepted the executed and notarized Voluntary Rescission Agreement from Defendant Gish-Baker, and; (4) In exchange for the executed and notarized Voluntary Rescission 11 Agreement, American General agrees to dismiss its lawsuit with prejudice, each 12 side to bear its own costs and fees. 13 14 NOW, THEREFORE, the above captioned action is hereby dismissed with prejudice, each side to bear its own costs and fees. 15 16 Dated: January 30, 2015 17 18 19 20 Troy L. Nunley United States District Judge 21 22 23 24 25 26 27 28 2 ORDER GRANTING AMERICAN GENERAL LIFE INSURANCE COMPANY’S REQUEST FOR VOLUNTARY DISMISSAL OF ITS COMPLAINT WITH PREJUDICE FILED AGAINST DEFENDANT KIMBERLY GISH-BAKER Case No.: CV 14-02986-TLN-CKD

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