Aguirre v. Liberty Life Assurance Company of Boston et al

Filing 17

STIPULATION AND ORDER re 16 STIPULATION WITH PROPOSED ORDER re 1 Complaint Dismissing Defendant Wells Fargo & Company filed by Liberty Life Assurance Company of Boston, Wells Fargo & Company, Wells Fargo & Company terminated.. Signed by Judge James Donato on 6/26/18. (lrcS, COURT STAFF) (Filed on 6/26/2018)

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STACY M. TUCKER. (SBN 218942)
ROPERS, MAJESKI, KOHN & BENTLEY
1001 Marshall Street, Suite 500
Redwood City, CA 94063-2052
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Attorneys for Defendants,
LIBERTY LIFE ASSURANCE COMPANY OF BOSTON and
WELLS FARGO & COMPANY

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A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROSA S. AGUIRRE,

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Plaintiff,

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v.

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LIBERTY LIFE ASSURANCE
COMPANY OF BOSTON and WELLS
FARGO & COMPANY,

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Case No: 3:18-cv-02416-JD

STIPULATION AND [PROPOSED] ORDER
DISMISSING DEFENDANT WELLS
FARGO & COMPANY

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Defendants.

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WHEREAS, this action arises under the Employee Retirement Income Security Act of
1974, as amended (“ERISA”), 29 U.S.C. Section 1132;

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WHEREAS, WELLS FARGO & COMPANY (“Wells Fargo”) is an employer and plan

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sponsor offering benefits to eligible employees under a group disability income policy issued by

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Liberty Life Assurance Company of Boston (“Liberty Life”);

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WHEREAS, plaintiff Rosa Aguirre named Wells Fargo as a defendant in this action;

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WHEREAS, the complaint in this action pleads one claim against all defendants for relief

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under ERISA, arising from the denial of benefits under the insurance policy to which plaintiff

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alleges she is entitled;

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WHEREAS, although Liberty Life denies that it or Wells Fargo is liable for any of the
4833-3057-8791.1

STIP TO DISMISS WELLS FARGO,
3:18-CV-02416-JD

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claims, or under any of the theories, alleged by plaintiff in this action, Liberty Life agrees that it

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will be liable for any judgment or settlement in this action;

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IT IS STIPULATED that WELLS FARGO & COMPANY shall be and is hereby

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dismissed from this action with prejudice, with each party to bear its own fees and costs, and

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plaintiff shall neither amend, nor seek leave to amend, the complaint in this action to name

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WELLS FARGO & COMPANY as a defendant in this action.

A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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All signatories to this Stipulation, and on whose behalf the filing is submitted, concur in
the Stipulation’s content and have authorized its filing.
IT IS SO STIPULATED.
Dated: June 5, 2018

DEFLINO GREEN & GREEN

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By: /s/ William Green
William Green
Attorneys for Plaintiff, ROSA S. AGUIRRE

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Dated: June 5, 2018

ROPERS, MAJESKI, KOHN & BENTLEY

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By: /s/ Stacy Monahan Tucker
STACY MONAHAN TUCKER
Attorneys for Defendants, LIBERTY LIFE
ASSURANCE COMPANY OF BOSTON and
WELLS FARGO & COMPANY

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4833-3057-8791.1

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STIP TO DISMISS WELLS FARGO,
CASE NO. 3:18-CV-02416-JD

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ORDER

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IT IS HEREBY ORDERED that, pursuant to the parties’ stipulation, WELLS FARGO

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& COMPANY (“Wells Fargo”), is hereby dismissed from this action with prejudice, with each

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party to bear its own fees and costs; and plaintiff shall neither amend, nor seek leave to amend,

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her complaint to name Wells Fargo as a defendant in this action.

A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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Dated: June 26, 2018

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By: ________________________________________
JAMES DONATO
UNITED STATES DISTRICT JUDGE

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4833-3057-8791.1

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STIP TO DISMISS WELLS FARGO,
CASE NO. 3:18-CV-02416-JD