Culbertson-Chavira v. Life Insurance Company of North America et al

Filing 28

ORDER signed by District Judge John A. Mendez on 8/3/18 ORDERING pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, this action hereby is DISMISSED in its entirety, as to all parties, and with prejudice; Each party shall bear its own attorneys' fees and costs. CASE CLOSED(Becknal, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRENDA CULBERTSON-CHAVIRA,

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Plaintiff,

Case No.: 2:17-cv-01702-JAM-AC
ORDER RE DISMISSAL WITH
PREJUDICE

vs.
LIFE INSURANCE COMPANY OF
NORTH AMERICA, COMMUNITY
MEMORIAL HEALTH SYSTEM
EMPLOYEE BENEFIT PLAN and DOES
1 THROUGH 10,
Defendants.

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ORDER
Pursuant to the Joint Stipulation regarding Dismissal with Prejudice of Plaintiff

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Brenda Culbertson-Chavira (“Plaintiff”) and Defendant Life Insurance Company of

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North America (“LINA”), by and through their respective counsel, IT IS HEREBY

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ORDERED as follows:

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1. Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, this action

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hereby is dismissed in its entirety, as to all parties, and with prejudice;

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2. Each party shall bear its own attorneys’ fees and costs; and

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3. Pursuant to the Parties’ Stipulation, the dismissal with prejudice of the
Case No.: 2:17-cv-01702-JAM-AC
–1–
[PROPOSED] ORDER RE DISMISSAL WITH PREJUDICE

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above-entitled case shall not have any impact whatsoever on Plaintiff’s right
to disability benefits beyond the 24 month Regular Occupation period, after
which the Parties’ stipulation indicates the applicable Definition of
Disability changes, under group disability insurance policy LK-980212
(“Policy”), issued by LINA. Plaintiff’s right to ongoing disability benefits is
subject to the terms and conditions of the Policy. The dismissal with
prejudice of the above-entitled case shall not have any impact whatsoever on
Plaintiff’s right to bring a lawsuit, if necessary, against Defendant for
disability benefits under the Policy beyond the 24 month Regular
Occupation period.

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IT IS SO ORDERED.

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Dated: August 3, 2018

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/s/ John A. Mendez______________
United States District Court Judge

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Case No.: 2:17-cv-01702-JAM-AC
–2–
[PROPOSED] ORDER RE DISMISSAL WITH PREJUDICE