Opinion
2:23-cv-00422-RFB-VCF
08-24-2023
MARICARMEN MORENO, an individual; Plaintiff, v. ASHLEY MARIE ELIZARDO; DOE DRIVER, individually; DOES I through V, fictitious individuals; ABC Corporations and/or XYZ Partnerships and/or Sole Proprietorships and/or JOINT VENTURES I-X; Defendant(s). ALLSTATE INSURANCE COMPANY; Intervenor/Defendant(s)
Burk Injury Lawyers, Christopher D. Burk, Esq., Attorney for Plaintiff The Law Offices of S. Denise McCurry, Denise McCurry, Esq. Attorney for Defendant, Ashley Marie Elizardo Bremer Whyte Brown & Omeara, LLP, Jared G. Christensen, Esq. Attorney for Intervenor, Allstate Insurance Company
Burk Injury Lawyers, Christopher D. Burk, Esq., Attorney for Plaintiff
The Law Offices of S. Denise McCurry, Denise McCurry, Esq. Attorney for Defendant, Ashley Marie Elizardo
Bremer Whyte Brown & Omeara, LLP, Jared G. Christensen, Esq. Attorney for Intervenor, Allstate Insurance Company
ORDER FOR DISMISSAL OF ASHLEY MARIE ELIZARDO WITHOUT PREJUDICE
IT IS HEREBY STIPULATED by and between the parties, through their respective counsel, that Plaintiff MARICARMEN MORENO's causes of action against ASHLEY MARIE ELIZARDO be dismissed without prejudice, and that all parties are to bear their own costs and attorney's fees.
IT IS FURTHER STIPULATED by and between the parties that the entire action be dismissed without prejudice.
Intervenor Allstate Insurance Company and Plaintiff stipulate Plaintiff's first party UM/UIM claims against Allstate Insurance Company survive this voluntary dismissal and are not extinguished. Plaintiff and Allstate Insurance Company will attempt to resolve the matter separately. If necessary, Plaintiff will file a lawsuit directly against Allstate Insurance Company regarding said first party claims.
ORDER
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that ASHLEY MARIE ELIZARDO be dismissed from the above-entitled matter without prejudice.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that CASE NO.: 2:23-cv-00422-RFB-VCF be dismissed without prejudice.