Phipps v. Reliance Standard Life Insurance Company

Filing 65

STIPULATION AND ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 3/8/13. (lrc, COURT STAFF) (Filed on 3/8/2013)

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SEAN P. NALTY (SBN: 121253)
Email: [e-mail]
DENNIS J. RHODES (SBN 168417)
Email: [e-mail]
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
525 Market Street – 17th Floor
San Francisco, California 94105-2725
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Defendant,
RELIANCE LIFE INSURANCE COMPANY

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LAURENCE F. PADWAY (SBN: 83914)
Email: [e-mail]
LAW OFFICES OF LAURENCE F. PADWAY
1516 Oak Street, Suite 109
Alameda, California 94501
Telephone:
[phone]
Facsimile:
[phone]
Attorney for Plaintiff,
LONNIE PHIPPS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LONNIE PHIPPS,

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Plaintiff,

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Case No.: C 11-02151 SBA

v.

STIPULATION RE VOLUNTARY
DISMISSAL OF ENTIRE ACTION
WITH PREJUDICE; ORDER

RELIANCE LIFE INSURANCE COMPANY,

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Defendants.

Assigned For All Purposes To:
Honorable Saundra B. Armstrong

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Action Filed: May 2, 2011

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IT IS HEREBY STIPULATED BY AND BETWEEN plaintiff LONNIE PHIPPS, and

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defendant RELIANCE LIFE INSURANCE COMPANY, through their attorneys of record, that the

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parties have resolved this matter in its entirety.

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///

997756.1

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STIPULATION RE VOLUNTARY DISMISSAL OF ENTIRE ACTION
WITH PREJUDICE; [PROPOSED] ORDER
Case No.: CV 11-02151 (SBA)

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IT IS HEREBY AGREED AND STIPULATED that this entire action, including the

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complaint and any counterclaim on file herein, shall be dismissed with prejudice and in its entirety,

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each side to bear their own attorney fees and costs.

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Dated: March 6, 2013

WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP

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By:

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SEAN P. NALTY
DENNIS J. RHODES
Attorneys for Defendant,
RELIANCE LIFE INSURANCE
COMPANY

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Dated: March ___, 2013

LAW OFFICES OF
LAURENCE F. PADWAY

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By:
LAURENCE F. PADWAY
Attorney for Plaintiff,
LONNIE PHIPPS

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[PROPOSED] ORDER

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Pursuant to the settlement of this matter and the stipulation of the parties, this matter is

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hereby dismissed with prejudice and in its entirety, each side to bear its own attorney’s fees and

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costs.

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IT IS SO ORDERED.
Dated: 3/8/13
HONORABLE SAUNDRA BROWN ARMSTRONG
UNITED STATES SENIOR DISTRICT JUDGE

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997756.1

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STIPULATION RE VOLUNTARY DISMISSAL OF ENTIRE ACTION
WITH PREJUDICE; [PROPOSED] ORDER
Case No.: CV 11-02151 (SBA)

CERTIFICATE OF SERVICE
Lonnie Phipps v. Reliance Standard Life Insurance Company
Case No. C 11-02151 (JCS)

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At the time of service I was over 18 years of age and not a party to this action. I am
employed by WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP. My business
address is 525 Market Street, 17th Floor, San Francisco, California 94105. My business telephone
number is [phone]; my business fax number is [phone]. On this date I served the
following document(s):
STIPULATION RE VOLUNTARY DISMISSAL OF ENTIRE ACTION WITH
PREJUDICE; [PROPOSED] ORDER

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on the person or persons listed below, through their respective attorneys of record in this action, by
placing true copies thereof in sealed envelopes or packages addressed as shown below by the
following means of service:
:

By Electronic Service. Based on a court order or an agreement of the parties to accept
service by electronic transmission, I caused the documents to be sent to the persons at the
electronic notification addresses listed below.

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Laurence F. Padway, Esq.
Law Offices of Laurence F. Padway
1516 Oak Street, Suite 109
Alameda, CA 94501
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Attorney for Plaintiff, Lonnie Phipps

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Mark J. Shostak, Esq.
Law Offices of John E Hill
8105 Edgewater Drive, Suite 100
Oakland, CA 94621
Telephone:
[phone]
Facsimile:
[phone]
Attorney for Plaintiff, Lonnie Phipps

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I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct to the best of my knowledge.

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EXECUTED on March 8, 2013, at San Francisco, California.

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Marissa Y. Otellini

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997756.1

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STIPULATION RE VOLUNTARY DISMISSAL OF ENTIRE ACTION
WITH PREJUDICE; [PROPOSED] ORDER
Case No.: CV 11-02151 (SBA)

SERVICE LIST
Lonnie Phipps v. Reliance Standard Life Insurance Company
Case No. C 11-02151 (JCS)

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997756.1

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STIPULATION RE VOLUNTARY DISMISSAL OF ENTIRE ACTION
WITH PREJUDICE; [PROPOSED] ORDER
Case No.: CV 11-02151 (SBA)

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:

By Electronic Service. Based on a court order or an agreement of the parties to accept
service by electronic transmission, I caused the documents to be sent to the persons at the
electronic notification addresses listed below.

:

By Overnight Delivery. I enclosed the documents in an envelope or package provided by
an overnight delivery carrier and address to the persons at the addresses below. I placed the
envelope or package for collection and overnight delivery at an office or a regularly utilized
drop box of the overnight delivery carrier.

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By Messenger Service. I served the documents by placing them in an envelope or package
addressed to the persons at the addresses listed below and provided them to a professional
messenger service for service.

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By United States Mail. I placed the envelope(s) for collection and mailing, following our
ordinary business practices. I am readily familiar with this business’s practice for collecting
and processing correspondence for mailing. On the same day that correspondence is placed
for collection and mailing, it is deposited in the ordinary course of business with the United
States Postal Service, in a sealed envelope with postage fully prepaid.

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By Fax Transmission. Based on an agreement of the parties to accept service by fax
transmission, I faxed the documents to the persons at the fax numbers listed below. No error
was reported by the fax machine that I used. A copy of the record of the fax transmission,
which was printed out, is attached.

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Dismissal filed w/o prejudice as to 3/1/11:

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Janlynn R. Fleener, Esq.
Downey Brand LLP
621 Capitol Mall, 18th Floor
Sacramento, CA 95814-4731
Telephone: [phone]
Facsimile:
[phone]
Attorney for Defendant,
Golden 1 Credit Union

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997756.1

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STIPULATION RE VOLUNTARY DISMISSAL OF ENTIRE ACTION
WITH PREJUDICE; [PROPOSED] ORDER
Case No.: CV 11-02151 (SBA)