Wiley v. The Lincoln National Life Insurance Company
Filing
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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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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
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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
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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DARRELL WILEY,
No. C 16-02811 WHO
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STIPULATION RE DISMISSAL
WITH PREJUDICE AND ORDER
Plaintiff,
vs.
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THE LINCOLN NATIONAL LIFE
INSURANCE COMPANY,
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Defendants.
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WHEREAS, Plaintiff filed his Complaint on May 25, 2016 alleging a cause of action
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for ERISA benefits due; and
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WHEREAS, Plaintiff and Defendants have resolved this matter.
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IT IS THEREFORE STIPULATED by and between Plaintiff Darrell Wiley and Defendant
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The Lincoln National Life Insurance Company that, pursuant to Federal Rules of Civil Procedure 41
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(a)( 1 )(A)(i i), this action and all claims Plaintiff Darrell Wiley has asserted against Defendant in
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Stipulation re Dismissal and
[Proposed] Order
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this action are dismissed with prejudice. Plaintiff and Defendants stipulate that each party shall bear
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their own attorneys' fees and costs.
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Dated: December 16, 2016
By: /s/ Laurence F. Padway
Laurence F. Padway
Attorney for plaintiff
Darrell Wiley
Dated: December 16, 2016
DENTONS US LLP
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By: /s/ Douglas A. Scullion
Douglas A. Scullion
Anna S. Youssefi
Attorneys for Defendant
THE LINCOLN NATIONAL LIFE INSURANCE
COMPANY
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ORDER
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The Court, having considered the Stipulation of the parties and good cause appearing
thereon, orders as follows:
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1) The matter is dismissed with prejudice against Defendants pursuant to Federal Rules
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of Civil Procedure 4l(a)(1)(A)(ii);
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2) Each party shall bear their own attorneys' fees and costs; and
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3) The Court shall retain jurisdiction over this matter to enforce the terms of the
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Settlement Agreement and Release.
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IT IS SO ORDERED.
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Dated: December 19, 2016
By:
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Hon. William H. Orrick
United States District Court Judge
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Stipulation re Dismissal and
[Proposed] Order
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