De Bello v. Liberty Life Assurance Company of Boston et al

Filing 13

STIPULATION AND ORDER RE 12 DISMISSING JOHN MUIR HEALTH GROUP DISABILITY PLAN WITHOUT PREJUDICE. Signed by Judge Richard Seeborg on 1/28/13. (cl, COURT STAFF) (Filed on 1/28/2013)

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1 2 3 4 5 6 7 9 10 A Professional Corporation Redwood City Ropers Majeski Kohn & Bentley 8 11 12 PAMELA E. COGAN (SBN 105089) ALEXIS F. KENT (SBN 267800) ROPERS, MAJESKI, KOHN & BENTLEY 1001 Marshall Street, Suite 500 Redwood City, CA 94063-2052 Telephone: (650) 364-8200 Facsimile: (650) 780-1701 Email: pcogan@rmkb.com, akent@rmkb.com Attorneys for Defendant, LIBERTY LIFE ASSURANCE COMPANY OF BOSTON KEVIN ZIETZ (SBN 186244) LAW OFFICES OF KEVIN M. ZIETZ 16055 Ventura Blvd., Suite 432 Encino, CA 91436 Telephone: (818) 981-9200 Facsimile: (818) 981-9201 Email: kevin@zietzlaw.com Attorneys for Plaintiff, ELANA DE BELLO UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 15 16 17 18 19 20 21 ELANA DE BELLO, Plaintiff, v. [PROPOSED] ORDER DISMISSING JOHN MUIR HEALTH GROUP DISABILITY PLAN WITHOUT PREJUDICE LIBERTY LIFE ASSURANCE COMPANY OF BOSTON; THE JOHN MUIR HEALTH GROUP DISABILITY PLAN; AND DOES 1 THROUGH 10 INCLUSIVE Defendants. 22 23 Case No: CV 12-5510 RS Pursuant to the stipulation of the parties that Liberty Life Assurance Company of Boston 24 shall be liable for any judgment or settlement concerning the payment or non-payment of long 25 term disability benefits, interest, attorneys’ fees and/or costs that may result from this action as if 26 it were the Plan; and Liberty Life Assurance Company of Boston shall not contend that the action 27 has been rendered defective as a result of the Plan having been dismissed from this action at any 28 time during the course of this litigation, RC1/6776727.1/AFK PROPOSED ORDER DISMISSING PLAN CASE NO. CV 12-5510 RS 1 2 3 4 IT IS ORDERED that the Plan is hereby dismissed from this action without prejudice, and each party shall bear its own attorney’s fees and costs directly related to the dismissal of this Defendant. IT IS SO ORDERED. 5 6 28 Dated: January __, 2013 Hon. Richard Seeborg 7 9 10 A Professional Corporation Redwood City Ropers Majeski Kohn & Bentley 8 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RC1/6776727.1/AFK -2- PROPOSED ORDER DISMISSING PLAN CASE NO CV 12-5510 RS

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