Sina v. Sun Life Assurance Company of Canada et al

Filing 11

ORDER Granting 10 Motion to Dismiss without prejudice. Signed by Judge Gloria M. Navarro on 4/4/2013. (Copies have been distributed pursuant to the NEF - SLR)

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ANN-MARTHA ANDREWS
Nevada Bar No. 7585
[e-mail]
LINDSAY DEMAREE
Nevada Bar No. 11949
[e-mail]
LEWIS AND ROCA LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169
[phone]
[phone] (fax)

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Attorneys for Defendants

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LfNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LEONARD SINA,
Plaintiff

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Civil Action No. 2:13-cv-00342-GMN-GWF

V.

ORDER GRANTING
[PROPOSED] ORDER GRANTING
JOINT MOTION OF ALL PARTIES TO
DISMISS WITHOUT PREJUDICE

SUN LIFE ASSURANCE COMPANY OF
CANADA; MGM RESORTS
INTERNATIONAL; MGM RESORTS
INTERNATIONAL EMPLOYEE
BENEFIT PLAN,
Defendants

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Pending before this court is the Joint Motion of All Parties to Dismiss Without Prejudice.

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Federal Rule of Civil Procedure 21 permits the court to “at any time, on just terms, add or drop a

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party.” The parties agree that named defendants MGM Resorts International and MGM Resorts

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International Employee Benefit Plan should be dropped as parties in the above-referenced matter

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because; the long term disability plan in this case is folly insured by a group long term disability

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insurance policy issued by Defendant Sun Life Assurance Company of Canada (“Sun Life”); Sun

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Life is responsible for payment of all sums that may be due to plaintiff under the policy which

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insures the plan; and Sun Life will pay all sums that may be due to plaintiff arising from the

Lewis and Roca LLP
Howard H ush es Parkway
Suite 6<)(>
Las Vegas. Nevada 8V109

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allegations set forth in the Complaint, including any attorney’s fees or costs deemed appropriate

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and payable by the court. The parties further agree that Sun Life will not assert failure to name the

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plan as a defense in this matter. After considering the parties’ motion and for good cause shown;

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IT IS HEREBY ORDERED that the Joint Motion of All Parties to Dismiss Without
Prejudice is GRANTED.
IT
DATED this 4th day of April, 2013. IS SO ORDERED:

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________________________________
UNITED STATES DISTRICT JUDGE
Gloria M. Navarro
United
DATED: States District Judge

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Lewis and Roca LLP
3993 Howard H ughes Parkway
Suite 600
Las V egas. N evada 8910V

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