Bowling v. Prudential Insurance Company of America, The et al

Filing 29

STIPULATION AND ORDER dismissing defendants Bingham McCutchen LLP and Bingham McCutchen LLP Long Term Disability Coverage Plan; Signed by Judge Marilyn Hall Patel on 12/18/2009. (awb, COURT STAFF) (Filed on 12/22/2009)

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Robert J. McKennon (123176), [e-mail] Scott E. Calvert (210787), [e-mail] BARGER & WOLEN LLP 19800 MacArthur Boulevard, 8th Floor Irvine, California 92612 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant The Prudential Insurance Company of America

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN FRANCISCO GREGORY L. BOWLING, Plaintiffs, vs. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, and BINGHAM McCUTCHEN, LLC, Defendants. FAC Filed: November 4, 2009 Case No.: 3:09-cv-01581-MHP Action Filed : March 6, 2009 STIPULATION AND ORDER DISMISSING THE BINGHAM MCCUTCHEN, LLP LONG TERM DISABILITY COVERAGE PLAN AND BINGHAM MCCUTCHEN, LLP

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Case No.: 3:09-cv-01581-MHP

STIPULATION AND ORDER DISMISSING THE BINGHAM MCCUTCHEN, LLP LONG TERM DISABILITY COVERAGE PLAN AND BINGHAM MCCUTCHEN, LLP

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IT IS HEREBY STIPULATED by and between Plaintiff Gregory L. Bowling ("Bowling") and Defendant the Prudential Insurance Company of America ("Prudential") through their counsel of record that: 1. The issues in this litigation as stated in the First Amended Complaint relate solely to Prudential's actions in discharging its obligations under the group disability insurance policy it issued to Bingham McCutchen, LLP; 2. Prudential agrees to assume financial responsibility for any settlement and/or judgment on the claims asserted in the First Amended Complaint filed on November 4, 2009; 3. Bowling agrees to dismiss The Bingham McCutchen LLP Long Term Disability Coverage Plan and Bingham McCutchen LLP from this action, with prejudice; and 4. Prudential shall be the only defendant in this action. BARGER & WOLEN LLP By: /s/ Robert J. McKennon ROBERT J. MCKENNON SCOTT E. CALVERT Attorneys for Defendant The Prudential Insurance Company of America Dated: December 17, 2009 BOURHIS & MANN By: /s/ Lawrence Mann RAY BOURHIS LAWRENCE MANN Attorneys for Plaintiff Gregory Bowling

Dated: December 17, 2009

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Case No.: 3:09-cv-01581-MHP

STIPULATION AND ORDER DISMISSING THE BINGHAM MCCUTCHEN, LLP LONG TERM DISABILITY COVERAGE PLAN AND BINGHAM MCCUTCHEN, LLP

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CERTIFICATE OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 19800 MacArthur Blvd., Suite 800, Irvine, CA 92612; Facsimile No.: [phone]. I hereby certify that on December 17, 2009, I served the foregoing documents described as: STIPULATION AND ORDER DISMISSING THE BINGHAM MCCUTCHEN LLP LONG TERM DISABILITY COVERAGE PLAN on the interested parties as follows: Ray Bourhis, Esq. Attorney for: Plaintiff Gregory L. BOURHIS & MANN Bowling 1050 Battery Street Registered participant of ECF. San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] ELECTRONICALLY: I caused a true and correct copy thereof to be electronically filed using the Court's Electronic Court Filing ("ECF") System and service was completed by electronic means by transmittal of a Notice of Electronic Filing on the registered participants of the ECF System. I served those parties who are not registered participants of the ECF System as indicated below. I placed the original a true copy thereof enclosed in sealed envelope(s) to the notification address(es) of record and caused such envelope(s) to be U.S POSTAL SERVICE OVERNIGHT DELIVERY. delivered by BY E-MAIL: I electronically transmitted a true and correct copy thereof to the notification electronic mail address(es) of record before close of business for the purpose of effecting service and the transmission was reported as complete and without error. FACSIMILE TRANSMISSION: Based on courtesy court order agreement of the parties, I caused a true copy thereof to be served by transmitting via facsimile machine to the notification facsimile number(s) of record before close of business. The transmission was reported as complete, without error. PERSONAL DELIVERY: I caused the original a true copy thereof to be delivered by hand to the notification address(es) of record by an employee or independent contractor of a registered process service. I am employed in the office of a member of the bar of this court at whose direction the service was made. I declare under penalty of perjury under the laws of the Unites States of America and the State of California that the above is true and correct. Executed at Irvine, California on December 17, 2009. /s/ Derek Sutter NAME: Derek Sutter (Signature)

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Case No.: 3:09-cv-01581-MHP

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN FRANCISCO GREGORY L. BOWLING, Plaintiffs, vs. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, and BINGHAM McCUTCHEN, LLC, Defendants. Case No.: 3:09-cv-01581-MHP Action Filed : March 6, 2009 [PROPOSED] ORDER DISMISSING THE BINGHAM MCCUTCHEN, LLP LONG TERM DISABILITY COVERAGE PLAN AND BINGHAM MCCUTCHEN, LLP FAC Filed: November 4, 2009

[PROPOSED] ORDER DISMISSING THE BINGHAM MCCUTCHEN, LLP LONG TERM DISABILITY COVERAGE PLAN AND BINGHAM MCCUTCHEN, LLP

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Case No.: 3:09-cv-01581-MHP

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Good cause having been shown, it is hereby ordered that: 1. The issues in this litigation as stated in the First Amended Complaint relate solely to The Prudential Insurance Company of America's ("Prudential") actions in discharging its obligations under the group disability insurance policy it issued to Bingham McCutchen, LLP; 2. Prudential agrees to assume financial responsibility for any settlement and/or judgment on the claims asserted in the First Amended Complaint filed on November 4, 2009; 3. Bowling agrees to dismiss The Bingham McCutchen LLP Long Term Disability Coverage Plan and Bingham McCutchen LLP from this action, with prejudice; and 4. Prudential shall be the only defendant in this action.

IT IS SO ORDERED. DATED: 12/18/2009
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[PROPOSED] ORDER DISMISSING THE BINGHAM MCCUTCHEN, LLP LONG TERM DISABILITY COVERAGE PLAN AND BINGHAM MCCUTCHEN, LLP

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HONORABLE MARILYN H. PATEL U.S. DISTRICT COURTRED RDE JUDGE IS SO O IT
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Respectfully Submitted by:

BARGER & WOLEN LLP

5 By: /s/ Robert J. McKennon ROBERT J. MCKENNON SCOTT E. CALVERT 6 Attorneys for Defendants The Prudential Insurance Company of 7 America 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
[PROPOSED] ORDER DISMISSING THE BINGHAM MCCUTCHEN, LLP LONG TERM DISABILITY COVERAGE PLAN AND BINGHAM MCCUTCHEN, LLP

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Case No.: 3:09-cv-01581-MHP