Wiley v. The Lincoln National Life Insurance Company

Filing 24

ORDER DISMISSING CASE. Signed by Judge William H. Orrick on 12/19/2016. (jmdS, COURT STAFF) (Filed on 12/19/2016)

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1 2 3 Laurence F. Padway, #89314 Law Offices of Laurence F. Padway 1516 Oak Street, Suite 109 Alameda, California 94501 Telephone: (510)814-6100 Facsimile : (510)814-0650 4 5 6 7 8 9 10 11 Attorneys for plaintiff Darrell Wiley Douglas A. Scullion, #215339) Anna Shiran Youssefi, #260911) DENTONS US LLP 525 Market Street, 26th Floor San Francisco, California 94105-2708 Telephone: (415) 882-5000 Facsimile: (415) 882-0300 Attorneys for Defendant The Lincoln National Life Insurance Company 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 DARRELL WILEY, No. C 16-02811 WHO 16 17 STIPULATION RE DISMISSAL WITH PREJUDICE AND ORDER Plaintiff, vs. 18 19 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY, 20 21 Defendants. ____________________________________/ 22 WHEREAS, Plaintiff filed his Complaint on May 25, 2016 alleging a cause of action 23 for ERISA benefits due; and 24 WHEREAS, Plaintiff and Defendants have resolved this matter. 25 IT IS THEREFORE STIPULATED by and between Plaintiff Darrell Wiley and Defendant 26 The Lincoln National Life Insurance Company that, pursuant to Federal Rules of Civil Procedure 41 27 (a)( 1 )(A)(i i), this action and all claims Plaintiff Darrell Wiley has asserted against Defendant in 28 Stipulation re Dismissal and [Proposed] Order 1 1 this action are dismissed with prejudice. Plaintiff and Defendants stipulate that each party shall bear 2 their own attorneys' fees and costs. 3 4 Dated: December 16, 2016 By: /s/ Laurence F. Padway Laurence F. Padway Attorney for plaintiff Darrell Wiley Dated: December 16, 2016 DENTONS US LLP 5 6 7 8 9 By: /s/ Douglas A. Scullion Douglas A. Scullion Anna S. Youssefi Attorneys for Defendant THE LINCOLN NATIONAL LIFE INSURANCE COMPANY 10 11 12 13 14 ORDER 15 16 17 The Court, having considered the Stipulation of the parties and good cause appearing thereon, orders as follows: 18 1) The matter is dismissed with prejudice against Defendants pursuant to Federal Rules 19 of Civil Procedure 4l(a)(1)(A)(ii); 20 2) Each party shall bear their own attorneys' fees and costs; and 21 3) The Court shall retain jurisdiction over this matter to enforce the terms of the 22 Settlement Agreement and Release. 23 IT IS SO ORDERED. 24 25 Dated: December 19, 2016 By: 26 Hon. William H. Orrick United States District Court Judge 27 28 Stipulation re Dismissal and [Proposed] Order 2

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