Rizzotti v. Central Pacific Mortgage Company Long Term Disability Plan

Filing 17

ORDER to Dismiss Plaintiff Central Pacific Mortgage Company Long Term Disability Plan and Set Aside Default. Signed by Judge Wayne D. Brazil on 11/5/2008. (wdblc1, COURT STAFF) (Filed on 11/6/2008) Modified on 11/7/2008 (cjl, COURT STAFF).

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Case 4:08-cv-02749-WDB Document 14 Filed 11/05/2008 Page 1 of 2 1 2 3 4 5 T H O R N T O N DAVIDSON, #166487 The ERISA Law Group 2055 San Joaquin Street Fresno, California 93721-2717 Telephone: (559) 256-9800 Facsimile: (559) 256-9795 e-mail:thorntondavidson@aol.com Attorneys for Plaintiff, CARRIE RIZZOTTI 6 7 8 UNITED STATES DISTRICT COURT FOR 9 THE NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS Plaintiff filed, served and subsequently obtained a default against Defendant, Central Pacific Mortgage Company Long Term Disability Plan, and served said default upon Prudential and counsel known to represent Prudential in other matters. WHEREAS Prudential subsequently contacted Plaintiff through her counsel of record and notified her that Prudential would defend this matter on behalf of Defendant Central Pacific Mortgage Long Term Disability Plan, accept service of process and be liable for any monies owed Plaintiff, if Plaintiff amended its complaint to name Prudential as the Defendant and dismiss Defendant Central Pacific Mortgage Company Long Term Disability Plan. THEREFORE, the Plaintiff requests that the Court set aside the Default. THEREFORE, Plaintiff hereby requests the Court dismiss defendant Central Pacific Mortgage Company Long Term Disability Plan. CARRIE RIZZOTTI, ) ) Plaintiff, ) v. ) ) CENTRAL PACIFIC MORTGAGE ) COMPANY LONG TERM DISABILITY ) PLAN, ) ) Defendant. ) ______________________________________ ) ) Case No.: C 08-2749 WDB EX-PARTE APPLICATION TO DISMISS PLAINTIFF CENTRAL PACIFIC MORTGAGE COMPANY LONG TERM DISABILITY PLAN; REQUEST TO FILE A FIRST AMENDED COMPLAINT; AND SET ASIDE DEFAULT AND [PROPOSED] ORDER Case 4:08-cv-02749-WDB Document 14 Filed 11/05/2008 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 THEREFORE, Plaintiff requests permission from the Court of file a First Amended Complaint, attached hereto. THEREFORE, all other matters shall remain as set forth by this Court. Dated: November 5, 2008 /s/ Thornton Davidson THORNTON DAVIDSON Attorney for Plaintiff, CARRIE RIZZOTTI GOOD CAUSE APPEARING, IT IS SO ORDERED THAT: 1. 2. Defendant Central Pacific Mortgage Company Long Term Disability Plan is hereby dismissed as a defendant in this matter; Plaintiff is granted leave to file at proposed First Amended Complaint; and Default is hereby set aside. _______________________________________ HONORABLE WAYNE D. BRAZIL 13 3. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E X -P A R T E APPLICATION TO DISMISS PLAINTIFF CENTRAL PACIFIC MORTGAGE COM P A N Y LONG TERM D I S A B I L I T Y PLAN AND SET ASIDE DEFAULT AND PROPOSED ORDER C A S E NO.: C 08-2749 W D B 2 November 5, 2008 Dated: ___________________________

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