Sunnyvale Imaging Center v. CIGNA Health and Life Insurance Company

Filing 74

STIPULATION OF DISMISSAL WITH PREJUDICE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(2) (granting 73 ). Signed by Judge Beth Labson Freeman on 4/20/2015. (blflc1, COURT STAFF) (Filed on 4/20/2015)

1
2
3
4
5
6
7
8
9
10
11

JAMES M. BARRETT (SBN 190274)
Email: [e-mail]
LAW OFFICE OF JAMES M. BARRETT
789 CASTRO STREET
MOUNTAIN VIEW, CA 94041
Tel: [phone] / Fax: [phone]
Attorney for Plaintiff
SUNNYVALE IMAGING CENTER
DONALD P. SULLIVAN (SBN 191080)
Email: [e-mail]
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
525 Market Street, 17th Floor
San Francisco, California 94105
Tel: [phone] / Fax: [phone]
Attorneys for Defendant
CIGNA HEALTH AND LIFE INSURANCE
COMPANY

12
13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

15
16

SUNNYVALE IMAGING CENTER,

17
18
19
20

Plaintiff,
vs.
CIGNA HEALTH AND LIFE INSURANCE
COMPANY, a Connecticut Corporation, and
DOES 1-10, inclusively,

21

Defendants.

22

)
)
)
)
)
)
)
)
)
)
)
)

CASE NO. 12-cv-03404 BLF
STIPULATION OF DISMISSAL
WITH PREJUDICE PURSUANT TO
FEDERAL RULE OF CIVIL
PROCEDURE 41(a)(2) AND
[PROPOSED] ORDER

23
24
25
26
27
28
Stip. of Dismissal with Prejudice and Prop. Order
Case No. 12-cv-03404 BLF
1362498v.1

1

Plaintiff Sunnyvale Imaging Center and Defendant Cigna Health and Life Insurance

2

Company (collectively, the “Parties”), by and through their respective counsel of record, have

3

resolved the disputes between them. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(B),

4

the Parties hereby stipulate and agree that the above-captioned matter and all claims for relief

5

contained therein may be dismissed with prejudice in its entirety.

6

The Parties further stipulate and agree that each Party is to bear its own fees and costs.

7
8

Dated: April 20, 2015

9

LAW OFFICE OF JAMES M. BARRETT
By:

10
11
12

Dated: April 20, 2015

13

WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
By:

14
15
16

/S/ James M. Barrett
James M. Barret
Attorney for Plaintiff
SUNNYVALE IMAGING CENTER

/S/ Donald P. Sullivan
Donald P. Sullivan
Attorney for Defendant
CIGNA LIFE AND HEALTH
INSURANCE COMPANY, INC.

17
18

[PROPOSED] ORDER

19

Pursuant to the Stipulation of the Parties, the Court hereby Dismisses this case in its

20

entirety with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(B). The Court

21

further orders that each Party shall bear its own fees and costs.

22
23

IT IS SO ORDERED:

24
25

Date:__________________

26

_________________________________
The Hon. Beth Labson Freeman
United States District Judge

27
28
Stip. of Dismissal with Prejudice and Prop. Order
Case No. 12-cv-03404 BLF
1362498v.1