Lovesy v. Armed Forces Benefit Association et al

Filing 127

STIPULATION AND ORDER DISMISSING CASE with Prejudice. Plaintiffs nor Defendants shall seek to recover attorneys' fees and costs associated with this action. Signed by Judge Saundra Brown Armstrong, on 9/21/09. (lrc, COURT STAFF) (Filed on 9/22/2009) Modified on 9/23/2009 (jlm, COURT STAFF).

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No. C 07-2745 SBA ORDER OF DISMISSAL OF ENTIRE ACTION WITH PREJUDICE UPON STIPULATION OF ALL PARTIES Ctrm: Judge: 3 Hon. Saundra B. Armstrong May 24, 2007

10 BRAD LOVESY and PACIFIC CONSOLIDATED INVESTMENTS, INC., a 11 Nevada corporation, 12 13 vs. Plaintiffs,

14 ARMED FORCES BENEFIT ASSOCIATION, individually, doing business 15 as 5STAR ASSOCIATION, 5STAR LIFE INSURANCE, LLC; TED SHUEY, 16 individually, doing business as THE SHUEY AGENCY, INC., and TGS GROUP, INC., 17 Defendants. 18 THE SHUEY AGENCY, INC., a Virginia 19 Corporation, 20 21 vs. Counter Claimant,

Complaint Filed:

22 BRAD LOVESY dba THE BRAD LOVESY GROUP, 23 Counter Defendants. 24 25 26 27 28 -1-

ORDER OF DISMISSAL OF ENTIRE ACTION WITH PREJUDICE CASE NO. C 07-2745 SBA

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WHEREAS, the Parties have agreed upon a settlement of all claims, counterclaims, and

2 cross-claims between all parties that have been or could have been brought in the above-entitled 3 action; 4 WHEREAS, Plaintiffs agree not to seek the recovery of their expenses, including

5 attorneys' fees and litigation costs associated with this action from Defendants, and 6 Defendants agree not to seek the recovery of their expenses, including attorneys' fees and 7 litigation costs associated with this action from Plaintiffs. 8 NOW THEREFORE, IT IS HEREBY STIPULATED by, between and among the parties

9 hereto, through their respective attorneys of record, that the above-entitled action shall be 10 dismissed with prejudice in its entirety, including all complaints, claims, counterclaims, and cross11 claims herein. 12 Dated: September __, 2009 13 14 15 16 17 Dated: September __, 2009 18 19 20 21 22 Dated: September __, 2009 23 24 25 26 27 28 -2By: /s/ Michael T. McKeeman Attorneys for Defendant THE SHUEY AGENCY, INC. SEYFARTH SHAW LLP By: /s/ Charles L. Deem Attorneys for Defendant 5STAR LIFE INSURANCE COMPANY By: /s/ Margaret J. Grover Attorneys for Plaintiffs BRAD LOVESY and PACIFIC CONSOLIDATED INVESTMENTS, INC. HAIGHT BROWN & BONESTEEL LLP

DLA PIPER US LLP

ORDER OF DISMISSAL OF ENTIRE ACTION WITH PREJUDICE CASE NO. C 07-2745 SBA

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ATTESTATION PURSUANT TO GENERAL ORDER NO. 45, SECTION X I have obtained concurrence in the electronic filing of this document from all signatories. HAIGHT BROWN & BONESTEEL LLP

3 Dated: September __, 2009 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

By:

/s/ Margaret J. Grover Attorneys for Plaintiffs BRAD LOVESY and PACIFIC CONSOLIDATED INVESTMENTS, INC.

ORDER OF DISMISSAL OF ENTIRE ACTION WITH PREJUDICE CASE NO. C 07-2745 SBA

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ORDER Upon the stipulation of counsel and good cause appearing therefore, IT IS HEREBY ORDERED that the above-entitled action, including all complaints,

4 claims, counterclaims, and cross-claims herein, shall be and hereby is dismissed in its entirety with 5 prejudice. Plaintiffs shall not seek to recover their attorneys' fees and litigation costs associated 6 with this action from Defendants, and Defendants shall not seek to recover their attorneys' fees 7 and litigation costs associated with this action from Plaintiffs. 8 IT IS SO ORDERED.

9 Dated: 9/21/09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4SAUNDRA BROWN ARMSTRONG United States District Judge

ORDER OF DISMISSAL OF ENTIRE ACTION WITH PREJUDICE CASE NO. C 07-2745 SBA