Fleming v. CIGNA Healthcare

Filing 19

ORDER Granting 15 Stipulation to Substitute Defendant. CIGNA Healthcare Dismissed with prejudice and Life Insurance Company of North America is substituted as the Defendant. Signed by Magistrate Judge Carl W. Hoffman on 2/6/2018. (Copies have been distributed pursuant to the NEF - SLD)

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WENDY MEDURA KRINCEK, ESQ., Bar # 6417
KAITLYN M. BURKE, ESQ., Bar # 13454
LITTLER MENDELSON, P.C.
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
Telephone:
702.862.8800
Fax No.:
702.862.8811
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant
CIGNA HEALTHCARE

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CATHERINE FLEMING, an individual,
Plaintiff,
vs.
CIGNA HEALTHCARE, DOES I-X; ROE
CORPORATIONS I-X,

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LITTLE R MEND ELSO N, P .C .
Attorneys At Law
3960 H oward Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

STIPULATION TO SUBSTITUTE PARTY
DEFENDANT

Defendants.

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Case No. 2:17-cv-03049-JAD-CWH

The Parties, by and through the undersigned counsel, agree and stipulate to the following:
1.

Defendant has informed Ms. Fleming that the proper name of her employer was “Life

Insurance Company of North America,” and not “Cigna Healthcare” as identified in the Complaint.
2.

Accordingly, the Parties agree and stipulate to dismiss the erroneously named

Defendant, “Cigna Healthcare” with prejudice and substitute the “Life Insurance Company of North
America” as Defendant.
3.

The Parties agree and stipulate that the substituted Defendant (Life Insurance

Company of North America) will be deemed to take the place of the previous and original Defendant
(Cigna Healthcare) on the docket for all of the previous filings and accepts service of the Complaint
when the original Defendant was served.

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4.

The Parties agree and stipulate that the intention of this stipulation is to avoid

confusion in the future should any liability attach to the Defendant, to make sure the proper
Defendant is before the court, and in not in any way to alter, deprive or act as a waiver of any claims,
defenses or rights of any of the parties in the case by virtue of this substitution.
5.

The Parties agree and stipulate that Defendant Cigna Healthcare is hereby dismissed

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as a party from this action with prejudice and they will caption the case with “Life Insurance

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Company of North America” as the named Defendant in this case.

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Dated: February 1, 2018

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Respectfully submitted,

Respectfully submitted,

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/s/ Jenny L. Foley
JENNY L. FOLEY, ESQ.
HKM EMPLOYMENT ATTORNEYS

/s/ Kaitlyn M. Burke
WENDY MEDURA KRINCEK, ESQ.
KAITLYN M. BURKE, ESQ.
LITTLER MENDELSON, P.C.

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Attorneys for Plaintiff
CATHERINE FLEMING

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IT IS SO ORDERED.

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February 6, 2018
____________________________________
UNITED STATES DISTRICT JUDGE

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DATED: ___________________________

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Attorneys for Defendant
CIGNA HEALTHCARE

Firmwide:152614705.1 049939.1022

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LITTLE R MEND ELSO N, P .C .
Attorneys At Law
3960 H oward Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

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