American General Life Insurance Company v. Howard H. Ngo

Filing 9

ORDER ON PLAINTIFF AMERICAN GENERAL LIFE INSURANCE COMPANY'S REQUEST FOR VOLUNTARY DISMISSAL OF ITS COMPLAINT WITH PREJUDICE FILED AGAINST DEFENDANT HOWARD NGO, granting 8 . Signed by Judge Paul S. Grewal on 7/1/2014. (ofr, COURT STAFF) (Filed on 7/1/2014)

1
2
3
4
5
6
7

MICHAEL K. BRISBIN (SBN: 169495)
Email: [e-mail]
LISA SILVA PASSALACQUA (SBN 161990)
Email: [e-mail]
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
525 Market Street, 17th Floor
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
AMERICAN GENERAL LIFE INSURANCE COMPANY

8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10
11

AMERICAN GENERAL LIFE INSURANCE
COMPANY,

12
13
14

Plaintiff,
vs.
HOWARD H. NGO,

15

Defendant.

Case No. 5:14-cv-02613 PSG

[PROPOSED] ORDER ON PLAINTIFF
AMERICAN GENERAL LIFE INSURANCE
COMPANY’S REQUEST FOR
VOLUNTARY DISMISSAL OF ITS
COMPLAINT WITH PREJUDICE FILED
AGAINST DEFENDANT HOWARD NGO
FRCP Rule 41(a)(2)

16
17
18
19

The Court having considered Plaintiff American General Life Insurance Company’s
request, finds that good cause appears for its request because:

20

(1)

No Defendant has answered the Complaint;

21

(2)

Defendant Ngo returned an executed and notarized Voluntary Rescission

22

Agreement dated June 16, 2014, wherein he agreed to the rescission of American General Life

23

Insurance policy number YME1229470.

24
25

(3)

American General accepted the executed and notarized Voluntary Rescission

Agreement from Defendant Ngo, and;

26
27
28

1
[PROPOSED] ORDER ON PLAINTIFF’S REQUEST FOR VOLUNTARY DISMISSAL OF ITS
COMPLAINT WITH PREJUDICE FILED AGAINST DEFENDANT HOWARD NGO
Case No.: CV14-02613 PSG
1233437v.1

1

(4)

In exchange for the executed and notarized Voluntary Rescission Agreement,

2

American General agrees to dismiss its lawsuit with prejudice, each side to bear its own costs and

3

fees.

4
5
6

NOW, THEREFORE, the above captioned action and all related claims and/or crossactions, are hereby dismissed with prejudice, each side to bear its own costs and fees.
IT IS SO ORDERED.

7
8
9

Dated: 7/1/2014

10

______________________________________
HONORABLE PAUL SINGH GREWAL
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2
[PROPOSED] ORDER ON PLAINTIFF’S REQUEST FOR VOLUNTARY DISMISSAL OF ITS
COMPLAINT WITH PREJUDICE FILED AGAINST DEFENDANT HOWARD NGO
Case No.: CV14-02613 PSG
1233437v.1