Clerk v. Life Insurance Company Of North America et al

Filing 18

ORDER granting 17 Stipulation of Dismissal without prejudice as to Caesar's Entertainment Operating Company, Inc. Signed by Judge Jennifer A. Dorsey on 11/29/2017. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-02796-JAD-CWH Document 17 Filed 11/29/17 Page 1 of 4

1 Anna Maria Martin (NV Bar No. 7079)
[e-mail]
2 MESERVE, MUMPER & HUGHES LLP
800 Wilshire Boulevard, Suite 500
3 Los Angeles, California 90017-2611
Telephone: [phone]
4 Facsimile: [phone]
5 316 California Ave. #216
Reno, Nevada 89509
6
Attorneys for Defendant
7 LIFE INSURANCE COMPANY OF NORTH AMERICA
and CAESAR’S ENTERTAINMENT OPERATING
8 COMPANY, INC.
9 Julie A. Mersch (NV Bar No. 4695)
[e-mail]
10 LAW OFFICES OF JULIE A. MERSCH
701 S. 7th Street
11 Las Vegas, NV 89101
Telephone: [phone]
12 Facsimile: [phone]
13 Kevin M. Zietz (Pro Hac Vice)
[e-mail]
14 LAW OFFICES OF KEVIN M. ZIETZ
15 Todd Krauss (Pro Hac Vice)
[e-mail]
16 LAW OFFICES OF TODD KRAUSS & ASSOCIATES
16055 Ventura Boulevard, Suite 432
17 Encino, California 91436
Telephone: [phone]
18 Facsimile: [phone]
19 Attorneys for Plaintiff
MARNICE CLERK
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LAW OFFICES

MESERVE,
MUMPER &
HUGHES LLP

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

MARNICE CLERK,

)
)
Plaintiff,
)
)
vs.
)
)
LIFE INSURANCE COMPANY OF NORTH
)
AMERICA; CAESAR'S ENTERTAINMENT
)
OPERATING COMPANY, INC and DOES 1 to )
10, Inclusive,
)
)
Defendants.
)
)
1
159896.1

Case No. 2:17-cv-02796-JAD-CWH
STIPULATION TO DISMISS CAESAR'S
ENTERTAINMENT OPERATING
COMPANY, INC.

Case No. 2:17-cv-02796-JAD-CWH
STIPULATION TO DISMISS CAESAR’S
ENTERTAINMENT OPERATING CO., INC.

Case 2:17-cv-02796-JAD-CWH Document 17 Filed 11/29/17 Page 2 of 4

IT IS HEREBY STIPULATED by and between Plaintiff MARNICE CLERK (“Plaintiff”)

1

2 and Defendants LIFE INSURANCE COMPANY OF NORTH AMERICA (“LINA”) and
3 CAESAR’S ENTERTAINMENT OPERATING COMPANY, INC, by and through their respective
4 counsel, as follows:
1.

5

The Parties agree that this case is governed by the Employee Retirement Income

6 Security Act of 1974 (“ERISA”), 29 U.S.C. Section 1001, et seq.
2.

7

LINA has confirmed that CAESAR’S ENTERTAINMENT OPERATING

8 COMPANY, INC., Long Term Disability Plan (the “Plan”) is funded by a policy of long term
9 disability insurance issued by LINA.
3.

10

In consideration for this Stipulation, LINA acknowledges and agrees that it will be

11 responsible for any judgment relating to disability benefits under the Plan, and attorney fees, if
12 awarded, as they relate to Plaintiff based on the allegations made in the Complaint against LINA in
13 the above-entitled action.
4.

14

The Parties therefore stipulate and request that Defendant CAESAR’S

15 ENTERTAINMENT OPERATING COMPANY, INC. be dismissed without prejudice, pursuant to
16 Rule 41(a)(1)(A)(ii), with the Parties to bear their own attorney fees and costs directly related to the
17 instant Stipulation and the dismissal of CAESAR’S ENTERTAINMENT OPERATING
18 COMPANY, INC.
19

5.

LINA shall remain the only named defendant.

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IT IS SO STIPULATED.

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22 Dated: November 29, 2017
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24

LAW OFFICES OF KEVIN M. ZIETZ
Kevin M. Zietz

By: /s/ Kevin M. Zietz
Kevin M. Zietz
Attorneys for Plaintiff
MARNICE CLERK
ORDER

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26

27 Based on the parties’ stipulation [ECF No. 17] and good cause appearing, IT IS HEREBY
(Signatures continued on next page)
28 ORDERED that all claims against defendant Caesar’s Entertainment Operating Company,
LAW OFFICES

MESERVE,
MUMPER &
HUGHES LLP

Inc. are DISMISSED without prejudice, each party to bear its own fees and costs.
2
__________________________________
_______Case No. _2:17-cv-02796-JAD-CWH
__ __ ______
_
_ _

STIPULATION TO DISMISS CAESAR’S

159896.1

U.S. District Judge Jennifer Dorsey
t Judge Jennifer
udg
nif
fe
ENTERTAINMENT OPERATING CO., INC.
November 29, 2017