Von Blohn et al v. Aetna Health, Inc. et al

Filing 15

STIPULATION AND ORDER DISMISSING CASE, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 1/29/15. (napS, COURT STAFF) (Filed on 1/29/2015)

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1 2 3 4 5 RICHARD J. DOREN,SBN 124666 rdoren@gibsondunn.com HEATHER L. RICHARDSON,SBN 246517 hrichardson@gibsondunn.com GIBSON,DUNN & CRUTCHER LLP 333 South Grand Avenue Los Angeles, CA 90071-3197 Telephone: 213.229.7000 Facsimile: 213.229.7520 6 7 8 Attorneys for Defendants, AET'NA HEALTH,INC. and the SAUDI ARABIAN OIL COMPANY RETIREE MEDICAL PAYMENT PLAN 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 13 KIMBER VON BLOHN,ELAINE VON BLOI -IN, and CHRIS VON BLOHN; 14 Plaintiffs, 15 ►~~ CASE NO. 14-CV-04556-PJH JOINT STIPULATION OF DISMISSAL WITH PREJUDICE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(ii) AND ORDER 16 17 18 19 AETNA HEALTH,INC., a Connecticut corporation, and the SAUDI ARABIAN OIL COMPANY RETIREE MEDICAL PAYMENT PLAN, Defendants. 20 21 22 23 24 25 26 27 28 Gibson, Dunn & CrutcherLLP JOINT STIPULATION OF DISMISSAL,CASE NO. 14-CV-4556 1 2 3 4 5 The parties to the above-captioned litigation, by and through their respective counsel of record, hereby stipulate as follows: WHEREAS,the parties have reached a confidential agreement to settle Plaintiffs' claims against Defendants that resolves the above-captioned matter; NOW,pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiffs Kimber von 6 Blohn, Elaine von Blohn, and Chris von Blohn, and Defendants Aetna Health, Inc. and Saudi Arabian 7 Oil Company Retiree Medical Payment Plan hereby jointly stipulate to the dismissal of this action, 8 with prejudice. Each party is to bear its own respective costs and attorneys' fees associated with the 9 action. The parties request that this Court retain jurisdiction for the limited purpose of enforcing the 10 11 Settlement Agreement made between the parties, if necessary. IT IS SO STIPULATED. 12 I 13 14 In accordance with N.D. Cal. Local Rule 5-1, the filer ofthis document hereby attests that the concurrence to the filing ofthis document has been obtained from the other signatories hereto. 15 16 Dated: January 28,2015 17 CREITZ & SEREBIN LLP 18 KANTOR & KANTOR LLP 19 By: /s/ Joseph A. Creitz Joseph A. Creitz 20 21 Attorneys for Plaintiffs KIMBER VON BLOHN, ELAINE VON BLOHN,and CHRIS VON BLOHN 22 Dated: January 28,2015 23 24 RICHARD J. DOREN HEATHER L. RICHARDSON GIBSON,DUNN & CRUTCHER LLP 25 26 27 28 Gibson, Dunn & CrutcherLLP By: /s/ Heather L. Richardson Heather L. Richardson Attorneys for Defendants, AET`NA HEALTH,INC. and SAUDI ARABIAN OIL COMPANY RETIREE MEDICAL PAYMENT PLAN 1 JOINT STIPULATION OF DISMISSAL,CASE NO. 14-CV-4556 1 PURSUANT TO STIPULATION,IT IS SO ORDERED. 2 29 Dated: January _, 2015 S UNIT ED RT ER H 7 Judge P E n Hamilto FO hyllis J. NO 6 O ORD IT IS S N F D IS T IC T O R C 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Gibson, Dunn & Crutcher LLP R NIA J. The Honorable PhyllisREDHamilton LI 5 RT U O 4 ISTRIC ES D TC AT T A 3 2 JOINT STIPULATION OF DISMISSAL,CASE NO. 14-CV-4556 CERTIFICATE OF SERVICE 11 2 I, Candie Trainor, declare as follows: 3 I am employed in the County of Los Angeles, State of California; I am over the age of 4 eighteen years and am not a party to this action; my business address is Gibson, Dunn & Crutcher 5 LLP,333 South Grand Avenue, Los Angeles, California 90071-3197, in said County and State. On 6 January 28,2015; I served the following document(s): JOINT STIPULATION OF DISMISSAL WITH PREJUDICE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(ii) 7 8 9 D BY CM/ECF Electronic Service: I caused such document to be served via the Court's (NEF)electronic filing system on all registered parties. u BY First-Class Mail,Postage Prepaid: I caused such document to be served via U.S. mail to the following non-CM/ECF participant(s): 10 11 12 13 14 15 I am employed in the office of Heather Richardson, a member ofthe bar of this court, and that the foregoing documents) was(were) printed on recycled paper. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 28, 2015. 16 ~~ Candie Trainor 18 19 20 21 22 23 24 25 26 27 28 Gibson, Dunn & CrutcherlLP 1 JOINT STIPULATION OF DISMISSAL,CASE NO. 14-CV-4556

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