Harrington v. Metropolitan Life Insurance Company et al

Filing 14

STIPULATION AND ORDER 12 Regarding the Dismissal of Plaintiff's Third Cause of Action and Taking Off Calendar Defendant's Motion to Dismiss. Signed by Judge Ronald M. Whyte on 8/11/09. (jg, COURT STAFF) (Filed on 8/11/2009)

Royal F. Oakes (80480), [e-mail] Richard B. Hopkins, II (190108), [e-mail] 2 BARGER & WOLEN LLP 633 West Fifth Street, 47th Floor 3 Los Angeles, California 90071 Telephone: [phone] Facsimile: [phone]
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BARGER & WOLEN LLP
633 W. FIFTH ST. FORTY-SEVENTH FLOOR LOS ANGELES, CA 90071 [phone]

Attorneys for Defendant Metropolitan Life Insurance Company

*E-FILED - 8/11/09*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) Plaintiff, ) ) vs. ) METROPOLITAN LIFE INSURANCE ) COMPANY and, DOES 1 through 20, ) ) inclusive, ) ) Defendants. ) ) ) ) ) ) ) ) ) DIANE PELOSI HARRINGTON, CASE NO.: C 09-02936 RMW [] ORDER DISMISSING PLAINTIFF'S THIRD CAUSE OF ACTION AND TAKING OFF CALENDAR DEFENDANT METROPOLITAN LIFE INSURANCE COMPANY'S MOTION TO DISMISS Hon. Ronald M. Whyte Date: August 21, 2009 Time: 9:00 a.m. San Jose, Courtroom 6, 4th Floor [Filed Concurrently with Stipulation Regarding Dismissal of Plaintiff's Third Cause of Action]

i:\office7\7197\259\09pleadings\proposed order dismissing third cause of action.doc

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BARGER & WOLEN LLP
633 W. FIFTH ST. FORTY-SEVENTH FLOOR LOS ANGELES, CA 90071 [phone]

Pursuant to the stipulation of the parties, filed concurrently herewith, the Third Cause of Action asserted in Plaintiff Diane Pelosi Harrington's ("Harrington") Complaint is dismissed. Based on this stipulation, the motion to dismiss filed by Defendant Metropolitan Life Insurance Company ("MetLife"), which is set for hearing in Courtroom 6 on August 21, 2009, is hereby taken off-calendar. MetLife shall file its answer to the remaining cause of action in the Complaint by no later than August 10, 2009. IT IS SO ORDERED:

8/11/09 DATED: ___________________

_________________________ District Court Judge

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