Lillicotch v. Nationwide Insurance Company

Filing 26

STIPULATION AND ORDER RE 25 TO DISMISS WITH PREJUDICE. Signed by Judge Richard Seeborg on 11/5/12. (cl, COURT STAFF) (Filed on 11/5/2012)

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1 2 3 4 5 JOHN BURNITE (SBN 162223) Email: John.Burnite@wilsonelser.com SHIVANI NANDA (SBN 253891) Email: Shivani.Nanda@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 6 7 8 Attorneys for Defendant NATIONWIDE MUTUAL INSURANCE COMPANY (Erroneously named and served herein AS NATIONWIDE INSURANCE COMPANY) 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 JOHN LILLICOTCH, 13 Plaintiff, Case No.: C 12-01226 RS STIPULATION TO DISMISS WITH PREJUDICE; [PROPOSED] ORDER 14 vs. 15 NATIONWIDE INSURANCE COMPANY, and DOES 1-30 INCLUSIVE, 16 Defendants. 17 18 19 IT IS HEREBY STIPULATED, pursuant to Federal Rule of Civil Procedure 41(a)(1), by 20 and between plaintiff John Lillicotch and defendant Nationwide Mutual Insurance Company 21 (erroneously sued herein as Nationwide Insurance Company) through their attorneys of record, as 22 follows: 23 1. The parties have reached a confidential settlement of all claims asserted or that could 24 have been asserted in this action. 25 /// 26 /// 27 /// 28 /// 1 STIPULATION TO DISMISS WITH PREJUDICE USDC NDCA CASE NO. C 12-01226 RS 1 2 2. The parties, through their counsel, stipulate to dismiss this action with prejudice, with each party to bear its own costs and attorneys’ fees. 3 4 Date: November 5, 2012 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 5 6 By: 7 8 9 /s/ Shivani Nanda JOHN T. BURNITE SHIVANI NANDA Attorneys for Defendant NATIONWIDE MUTUAL INSURANCE COMPANY (Erroneously named and served herein as NATIONWIDE INSURANCE COMPANY) 10 11 Date: November 5, 2012 INSURANCE LITIGATORS & COUNSELORS 12 By: 13 14 /s/ Jospeh John Turri_____________________ JOSEPH JOHN TURRI Attorneys for Plaintiff JOHN LILLICOTCH 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 STIPULATION TO DISMISS WITH PREJUDICE USDC NDCA CASE NO. C 12-01226 RS 1 2 ATTESTATION CERTIFICATE In accord with the Northern District of California’s General Order No. 45, Section X.(B), 3 I attest that concurrence in the filing of this document has been obtained from each of the other 4 signatories who are listed on the signature page. 5 6 /s/ Shivani Nanda 7 SHIVANI NANDA 8 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 525 Market Street, 17th Floor San Francisco, California 94105 Tel: (415) 433-0990 Fax: (415) 434-1370 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION TO DISMISS WITH PREJUDICE USDC NDCA CASE NO. C 12-01226 RS 1 [PROPOSED] ORDER 2 The parties having stipulated that the above-entitled action, and all claims for relief therein, 3 shall be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a), with each party 4 to bear its own costs and attorneys’ fees, 5 IT IS SO ORDERED. 6 7 8 11/5/12 Dated: ________ By: Honorable Richard Seeborg UNITED STATES DISTRICT COURT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 STIPULATION TO DISMISS WITH PREJUDICE USDC NDCA CASE NO. C 12-01226 RS

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