Bay Area Surgical Management, LLC v. Principal Life Insurance Company

Filing 19

ORDER GRANTING 18 STIPULATION WITH PROPOSED ORDER filed by Bay Area Surgical Management, LLC; FINDING A MOOT 16 STIPULATION WITH PROPOSED ORDER Stipulation of Dismissal and [Proposed] Order filed by Bay Area Surgical Man agement. The Clerk shall close this file. Motions terminated: 10 MOTION to Remand Pursuant to 28 U.S.C. Sections 1446, 1447 and 1332 filed by Bay Area Surgical Management, LLC, 5 MOTION to Dismiss filed by Principal Li fe Insurance Company, 16 STIPULATION WITH PROPOSED ORDER Stipulation of Dismissal and [Proposed] Order filed by Bay Area Surgical Management, LLC, 18 STIPULATION WITH PROPOSED ORDER filed by Bay Area Surgical Management, LLC., ***Deadlines terminated. Signed by Judge Edward J. Davila on 5/17/2012. (ecg, COURT STAFF) (Filed on 5/17/2012)

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LAW OFFICES OF NICOLAS LEZOTTE, P.C.
Nicolas M. Lezotte (State Bar Number 257207)
Heather E. Gibson (State Bar Number 240938)
20398 Blauer Drive
Saratoga, CA 95070
[phone]
[phone] (fax)
Attorney for Plaintiff,
BAY AREA SURGICAL MANAGEMENT, LLC.

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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BAY AREA SURGICAL MANAGEMENT,) Case No. 5:12-CV-01016-EJD
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LLC., (A limited liability company)
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) STIPULATION OF DISMISSAL AND
Plaintiff
) [PROPOSED]ORDER
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v.
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PRINCIPAL LIFE INSURANCE COMPANY)
(A California Corporation), and DOES 1)
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through 25, inclusive
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Defendants.
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STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL

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WHEREAS, Plaintiff Bay Area Surgical Management, LLC filed a Complaint stating

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Causes of Action for 1) Breach of Contract; 2) Violations of California Business & Professions

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Code § 17200 et seq.; 3) Negligent Misrepresentation; 4) Promissory Estoppel; and 5) Equitable

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Estoppel on January 24, 2012;

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WHEREAS, Plaintiff and Defendant Principal Life Insurance Company settled this
matter on or about April 17, 2012.
THEREFORE, IT IS HEREBY STIPULATED by and between Bay Area Surgical

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Management, LLC. and defendant Principal Life Insurance Company through their designated

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counsel that the above-captioned matter should be dismissed with prejudice pursuant to FRCP

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41. The parties further stipulate that, except as set forth in the April 17, 2012 Settlement

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Agreement between them, the parties shall bear their own attorney s fees, expenses and costs.

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IT IS SO STIPULATED.

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WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP

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Dated: May 10 , 2012

By: __/s/ Donald Sullivan
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Donald Sullivan
Attorneys for Defendant PRINCIPAL LIFE
INSURANCE COMPANY

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LAW OFFICES OF NICOLAS LEZOTTE

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Dated: May 10, 2012
By: /s/ Heather Gibson____________
Heather Gibson
Attorneys for Plaintiff
BAY AREA SURGICAL MANGEMENT
LLP

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STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL

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The Court having considered the stipulation of the parties, and good cause appearing
thereon, orders as follows;

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1. The action is dismissed with prejudice as against Defendant Principal Life Insurance
Company pursuant to FRCP 41.
2. Each party shall bear their own costs and attorneys fees.
3. The Court shall retain jurisdiction over this matter to enforce the terms of the April

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17, 2012, Settlement Agreement.
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IT IS SO ORDERED.

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The Clerk shall close this file.

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May 17, 2012
Dated:__________________

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Honorable Edward J. Davila
Judge for the Northern District of California

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STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL

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