St. Paul Fire and Marine Insurance Company v. Arthroscopic & Laser Surgery Center of San Diego, L.P. et al

Filing 25

ORDER Granting Joint Motion to Dismiss Action With Prejudice (ECF No. 24 ). The Court orders that: (1) Plaintiff's action against Defendants ALSC and SHC, which was previously dismissed without prejudice, is dismissed with prejudice; (2) the remainder of this action, including Plaintiff's claims against HealthSouth and HealthSouth's counterclaims, is dismissed with prejudice. Signed by Judge Cynthia Bashant on 1/8/2019. (jdt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ST. PAUL FIRE AND MARINE
INSURANCE COMPANY,

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Case No. 17-cv-01494-BAS-AGS
ORDER GRANTING JOINT
MOTION TO DISMISS ACTION
WITH PREJUDICE

Plaintiff,
v.

[ECF No. 24]

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ANTHROSCOPIC & LASER
SURGERY CENTER OF SAN
DIEGO, L.P., et al.,
Defendants.

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Plaintiff St. Paul Fire & Marine Insurance Company brings this insurance

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coverage action against Defendants Arthroscopic & Laser Surgery Center of San

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Diego, L.P. (“ALSC”), SHC San Diego, LLC (“SHC”), and HealthSouth Corporation

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(“HealthSouth”). Previously, Plaintiff dismissed its action against Defendants ALSC

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and SHC without prejudice. (ECF No. 21.) Now before the Court is a joint motion

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signed by all of the parties. (ECF No. 24.) The parties report that they have settled

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their claims and request that the Court convert its prior dismissal of Defendants

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ALSC and SHC “to a dismissal with prejudice.” (Id.) Further, the parties seek

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dismissal of the remainder of this action with prejudice. (Id.) The Court GRANTS

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the joint motion. Accordingly, the Court ORDERS that:
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17cv1494

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(1)

Plaintiff’s action against Defendants ALSC and SHC, which was

previously dismissed without prejudice, is dismissed WITH PREJUDICE.
(2)

The remainder of this action, including Plaintiff’s claims against

HealthSouth and HealthSouth’s counterclaims, is dismissed WITH PREJUDICE.

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(3)

The Clerk of the Court shall close this case.

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IT IS SO ORDERED.

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DATED: January 8, 2019

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17cv1494