Sunnyvale Imaging Center v. CIGNA Health and Life Insurance Company

Filing 63

ORDER DECLINING TO APPROVE 61 JOINT STIPULATION SUBMITTED PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(ii). Signed by Judge Beth Labson Freeman on 5/28/2014. (blflc1, COURT STAFF) (Filed on 5/28/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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SUNNYVALE IMAGING CENTER,

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Case No. 12-cv-03404-BLF

Plaintiff,
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v.

United States District Court
Northern District of California

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CIGNA HEALTH AND LIFE INSURANCE
COMPANY, et al.,

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Defendants.

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ORDER DECLINING TO APPROVE
JOINT STIPULATION SUBMITTED
PURSUANT TO FEDERAL RULE OF
CIVIL PROCEDURE 41(a)(1)(A)(ii)
[Re: ECF 61]

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On May 23, 2014, Defendant MedSolutions, Inc. (“MedSolutions”) filed a joint stipulation

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and proposed order purporting to dismiss all claims against it pursuant to Federal Rule of Civil

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Procedure 41(a)(1)(A)(ii).1 Under that provision, a plaintiff may dismiss an action without a court

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order by filing “a stipulation of dismissal signed by all parties who have appeared.” Fed. R. Civ.

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P. 41(a)(1)(A)(ii). In this case, the stipulation does not comply with Rule 41(a)(1)(A)(ii) because,

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although it is signed by Plaintiff and MedSolutions, it is not signed Defendant Cigna Health and

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Life Insurance Company. Accordingly, the Court DECLINES to sign the proposed order

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approving the stipulation.
The Court notes that should the parties file a renewed joint stipulation that complies with

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Rule 41(a)(1)(A)(ii), i.e., that is signed by all parties that have appeared, such stipulation would be

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effective to dismiss the claims against MedSolutions without the need for a court order. See Fed.

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The stipulation actually references Rule “41(a)(1)(ii),” but the Court presumes that the intended
reference is Rule 41(a)(1)(A)(ii).
5:12-cv-03404-BLF
ORDER DECLINING TO APPROVE JOINT STIPULATION

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R. Civ. P. 41(a)(1)(A)(ii).
IT IS SO ORDERED.

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Dated: 5/28/2014

___________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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