Calleja v. U.S. Financial Insurance Company

Filing 59

STIPULATION AN ORDER OF DISMISSAL. Signed by Judge Samuel Conti on 08/05/2014. (tmi, COURT STAFF) (Filed on 8/5/2014)

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STEVEN J. McHUGH (SBN: 145857)
[e-mail]
McHUGH & McHUGH, LLP
2196 Lake Tahoe Blvd. Suite B
South Lake Tahoe, CA 96150
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff ANN CALLEJA

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KEVIN W. ALEXANDER (SBN: 175204)
[e-mail]
Allison L. Jones (SBN: 162976)
[e-mail]
GORDON & REES LLP
101 W. Broadway, Suite 2000
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]

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Gordon & Rees LLP
101 West Broadway, Suite 2000
San Diego, CA 92101

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Attorneys for Defendant
U.S. FINANCIAL LIFE INSURANCE COMPANY, erroneously sued and served as U.S.
FINANCIAL INSURANCE COMPANY, an AXA FINANCIAL COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO

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ANN CALLEJA, Individually and in her
capacity as surviving spouse and personal
representative of the estate of her husband,
Joseph Calleja,

)
)
)
)
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Plaintiff,
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vs.
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U.S. FINANCIAL LIFE INSURANCE
)
COMPANY, an AXA FINANCIAL
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COMPANY, believed to be a New York
)
Corporation, doing business in California; CIGI )
DIRECT INSURANCE SERVICES, believed to )
be a Colorado Corporation, doing business in )
California; DOE BUSINESS ENTITIES 1-10; )
DOE INDIVIDUALS 1-10,
)
)
Defendants.
)
)

CASE NO.: 3:13-cv-00983-JSC
STIPULATION OF DISMISSAL AND
[PROPOSED] ORDER
Judge Samuel Conti
Courtroom 1, 17th Floor

WHEREAS, Plaintiff ANN CALLEJA, individually and in her capacity as surviving

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1086041/20327386v.1

spouse and personal representative of the estate of her husband, Joseph Calleja, and Defendant
U.S. FINANCIAL LIFE INSURANCE COMPANY, erroneously sued and served as U.S.
-1STIPULATION OF DISMISSAL AND [PROPOSED] ORDER
CASE NO.: 3:13-cv-00983-JSC

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FINANCIAL INSURANCE COMPANY, an AXA FINANCIAL COMPANY, settled this matter

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on or about June 23, 2014;

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WHEREAS Defendant CIGI DIRECT INSURANCE SERVICES was previously
dismissed by the Court on March 10, 2014;

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THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff and U.S.

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FINANCIAL LIFE INSURANCE COMPANY through their designated counsel that the above-

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captioned action should be dismissed with prejudice pursuant to FRCP 41(a)(1)(A). The parties

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further stipulate that the parties shall bear their own attorney’s fees, expenses and costs.

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IT IS SO STIPULATED.

Gordon & Rees LLP
101 West Broadway, Suite 2000
San Diego, CA 92101

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Dated: August 4, 2014

McHUGH & McHUGH, LLP

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By:

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Dated: August 4, 2014

/s/ Steven J. McHugh_______________
Steven J. McHugh
Attorneys for Plaintiff ANN CALLEJA

GORDON & REES LLP

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By:

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/s/ Allison L. Jones_________________
Kevin W. Alexander
Allison L. Jones
Attorneys for Defendant
U.S. FINANCIAL INSURANCE
COMPANY, erroneously sued and
served as U.S. FINANCIAL
INSURANCE COMPANY, an AXA
FINANCIAL COMPANY

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-2STIPULATION OF DISMISSAL AND [PROPOSED] ORDER
CASE NO.: 3:13-cv-00983-JSC

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Filer’s Attestation: Pursuant to General Order No. 45, §X(B), I attest under penalty of
perjury that concurrence in the filing of the document has been obtained from its signatory.

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Dated: August 4, 2014

GORDON & REES LLP

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By:

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Gordon & Rees LLP
101 West Broadway, Suite 2000
San Diego, CA 92101

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/s/ Allison L. Jones_________________
Allison L. Jones
Attorneys for Defendant
U.S. FINANCIAL INSURANCE
COMPANY, erroneously sued and
served as U.S. FINANCIAL
INSURANCE COMPANY, an AXA
FINANCIAL COMPANY

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-3STIPULATION OF DISMISSAL AND [PROPOSED] ORDER
CASE NO.: 3:13-cv-00983-JSC

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The Court having considered the stipulation of the parties, and good cause appearing
therefor, orders as follows:

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The action is dismissed with prejudice pursuant to FRCP 41(a)(1)(A).

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Each party shall bear their own costs and attorneys’ fees.

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IT IS SO ORDERED.

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Gordon & Rees LLP
101 West Broadway, Suite 2000
San Diego, CA 92101

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____________________________
Honorable Samuel Conti
United States Judge
Northern District of California
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08/05/2014
Dated: __________________

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-4STIPULATION OF DISMISSAL AND [PROPOSED] ORDER
CASE NO.: 3:13-cv-00983-JSC