Opinion
WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP, RONALD R. LAMB, BIANCA S. WATTS, Sacramento, California, Attorneys for The Regents of the University of California, sued and served as UC Davis Medical Center.
THE CARAWAY LAW FIRM CHARLES D. CARAWAY, Attorneys for Plaintiffs.
STIPULATION AND ORDER FOR VOLUNTARY DISMISSAL OF MEGAN DALEY, M.D. AND PAUL PERRY, M.D.
MORRISON C. ENGLAND, Jr., Chief District Judge.
Pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiffs Laura Kavalauskas as Executor and Trustee of the Lewis W. Muir Revocable Trust, Laura Kavalauskas, Loren D. Muir, Hallie Cordes, and Lewis B. Muir as Successor-In-Interest of Decedent Lewis W. Muir ("Plaintiffs") have named Defendants Paul Perry, M.D. and Megan Daley, M.D. as party defendants in the initial Complaint filed by Lewis B. Muir in action No. 2:14-CV-02716-MCE-CKD, and in the First Amended Complaint filed herein on January 15, 2015. Plaintiffs have decided to no longer pursue any claims against Defendants Paul Perry, M.D. and Megan Daley, M.D.
In return for that voluntary dismissal, Defendants Paul Perry, M.D. and Megan Daley, M.D. have agreed to waive any claims for costs or fees they may otherwise have against Plaintiffs.
Given the foregoing, and good cause appearing, the parties hereby agree that Defendants Paul Perry, M.D. and Megan Daley, M.D. should, and hereby are, dismissed from this action, without prejudice.
IT IS SO STIPULATED.
ORDER OF DISMISSAL
Based upon the foregoing Stipulation of the parties and good cause appearing, it is hereby ORDERED that pursuant to Federal Rule of Civil Procedure 41(a)(2) Defendants Paul Perry, M.D. and Megan Daly, M.D. are hereby DISMISSED, without prejudice, from this action.
IT IS SO ORDERED.