McGuire v. Northbay Medical Center, et al

Filing 36

STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr. on 2/28/2020 DISMISSING this action with prejudice pursuant to FRCP 41(a). CASE CLOSED. (Zignago, K.)

1 SHOOK, HARDY & BACON
MICHAEL HEALY, State Bar No. 95098
2 [e-mail]
EMILY M. WEISSENBERGER, State Bar No. 248898
3 [e-mail]
ALEXANDER A. GUNEY, State Bar No. 308192
4 [e-mail]
One Montgomery Tower, Suite 2600
5 San Francisco, CA 94104
Telephone: [phone]
6 Facsimile: 415.381.0281
7 Attorneys for Defendant
DEPUY SYNTHES SALES, INC.
8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12 MICHAEL McGUIRE,

Case No. 2:17-cv-00838-MCE-DB

13

STIPULATION OF DISMISSAL
PURSUANT TO FRCP 41(a);
ORDER OF DISMISSAL WITH
PREJUDICE

14

Plaintiff,
v.

15 NORTH BAY MEDICAL CENTER,
DEPUY SYNTHES SALES, INC.
16 ZIMMER; AND DOES 1-30, inclusive,
et al.,
17
Defendants.
18
19
20
21
22
23
24
25
26
27
28
-13" = "1" "4813-4409-9244 v1" ""

Case No. 2:17-cv-00838-MCE-DB

STIPULATION OF DISMISSAL & ORDER

1 TO THE COURT, ALL PARTIES AND THEIR COUNSEL OF RECORD:
2

Plaintiff Michael McGuire (“Plaintiff”) and Defendant DePuy Synthes Sales,

3 Inc., incorrectly sued as “Synthes” (“Defendant”) hereby stipulate under Federal
4 Rule of Civil Procedure 41(a)(1)(ii) that the above-captioned action be dismissed
5 with prejudice as to all claims, causes of action, and parties, with each party bearing
6 that party’s own costs and attorneys’ fees, except as necessary to enforce the terms
7 of the confidential settlement agreement entered into by and between Plaintiff and
8 Defendant.
9
10

The Law Office of Thomas A. Ambrose

11
12 DATED: February 12, 2020
13

____/s/_Thomas Ambrose_______________
Thomas Ambrose, Esq. for
Plaintiff MICHAEL MCGUIRE

14
15
16 DATED: February 11, 2020
17

SHOOK, HARDY & BACON

18
By:

19
20
21
22

/s/ Michael Healy
Michael Healy
Alexander Guney
Attorneys for Defendant DEPUY
SYNTHES SALES, INC.

23
24
25
26
27
28
-23" = "1" "4813-4409-9244 v1" ""

Case No. 2:17-cv-00838-MCE-DB

STIPULATION OF DISMISSAL & ORDER

ORDER OF DISMISSAL

1
2

Pursuant to the stipulation of the parties under Federal Rule of Civil

3 Procedure 41(a), IT IS ORDERED THAT THIS ACTION IS DISMISSED WITH
4 PREJUDICE as to all claims, causes of action, and parties, with each party bearing
5 that party’s own costs and attorneys’ fees, except as necessary to enforce the terms
6 of the confidential settlement agreement entered into by and between Plaintiff and
7 Defendant. The Clerk is directed to close the file.
8

IT IS SO ORDERED.

9
10 Dated: February 28, 2020
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-1-

Case No. 2:17-cv-00838-MCE-DB

ORDER OF DISMISSAL WITH PREJUDICE

3" = "1" "4813-4409-9244 v1" ""