Baumgartner v. State Farm Mut. Auto. Ins. Co.

Full title: CYNTHIA L. BAUMGARTNER, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE…

Court: United States District Court, Western District of Washington

Date published: Feb 23, 2023

2:21-CV-01697-JHC (W.D. Wash. Feb. 23, 2023)

Opinion

2:21-CV-01697-JHC

02-23-2023

CYNTHIA L. BAUMGARTNER, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, LINDA FRIAS AND “JOHN DOE” FRIAS Defendant.

Attorneys for Plaintiff: JJRYAN LAW PLLC John J. Ryan, WSBA No. 14197 Attorneys for State Farm Mutual Automobile Insurance Company: JENSEN MORSE BAKER PLLC Steven D. Jensen, WSBA No. 26495 Attorneys for Defendant Frias: LEE SMART PS INC Levi L. Bendele III, WSBA No. 26411

JOHN H. CHUN, UNITED STATES DISTRICT COURT JUDGE

Attorneys for Plaintiff: JJRYAN LAW PLLC John J. Ryan, WSBA No. 14197

Attorneys for State Farm Mutual Automobile Insurance Company: JENSEN MORSE BAKER PLLC Steven D. Jensen, WSBA No. 26495

Attorneys for Defendant Frias: LEE SMART PS INC Levi L. Bendele III, WSBA No. 26411

STIPULATED MOTION TO DISMISS PLAINTIFF'S IFCA CAUSES OF ACTION WITH PREJUDICE AND [PROPOSED] ORDER

JOHN H. CHUN, UNITED STATES DISTRICT COURT JUDGE

I. STIPULATED MOTION

IT IS HEREBY STIPULATED by and between the parties as follows:

1. Defendant State Farm Mutual Automobile Insurance Company (“State Farm”) filed a Motion for Summary Judgment as to Plaintiff's Cause of Action for Violation of the Insurance Fair Conduct Act (“IFCA MSJ”). ECF No. 52. The IFCA MSJ remains pending at present.

2. Plaintiff Cynthia L. Baumgartner (“plaintiff”) agrees that State Farm is entitled to the relief requested by the IFCA MSJ.

3. Plaintiff's IFCA causes of action against State Farm do not concern defendants Linda Frias and “John Doe” Frias.

4. Consequently, the parties stipulate and agree that any and all claims or causes of action by plaintiff against defendant State Farm for violation of the Insurance Fair Conduct Act should be dismissed with prejudice.

II. ORDER

Pursuant to the Stipulated Motion above, it is hereby ORDERED that:

1. Any and all claims or causes of action by plaintiff against defendant State Farm Mutual Automobile Insurance Company for violation of the Insurance Fair Conduct Act are DISMISSED WITH PREJUDICE. I

2. Defendant State Farm Mutual Automobile Insurance Company's Motion for Summary Judgment as to Plaintiff's Cause of Action for Violation of the Insurance Fair Conduct Act (ECF No. 52) is STRICKEN as moot in light of the forgoing dismissal with prejudice.