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Sanders v. Church Mut. Ins. Co.

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
May 3, 2013
CASE NO.: 2:12-cv-01392-LRH-PAL (D. Nev. May. 3, 2013)

Opinion

CASE NO.: 2:12-cv-01392-LRH-PAL

05-03-2013

Archie Sanders, individually; James Houston, individually; Plaintiff, v. Church Mutual Insurance Company, Inc.; DOES 1 through 100; and ROE CORPORATIONS 101 through 200 Defendants

BERNSTEIN & POISSON Jamie H. Corcoran, Esq. Attorneys for Plaintiff OLSON, CANNON, GORMLEY, ANGULO, & STOBERSKI Peter Angulo Esq. Attorneys for Defendant


STIPULATION AND ORDER FOR

VOLUNTARY DISMISSAL AND

WITHDRAWAL OF PENDING

MOTION FOR SUMMARY

JUDGMENT (#17)

IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN, the Plaintiffs, ARCHIE SANDERS and JAMES HOUSTON, by and through their attorney of record, SCOTT L. POISSON, ESQ. and JAMIE H. CORCORAN, ESQ., of the firm BERNSTEIN & POISSON, and Defendant, CHURCH MUTUAL INSURANCE COMPANY, by and through their counsel of record, PETER ANGULO ESQ. of the firm OLSON, CANNON, GORMLEY, ANGULO, & STOBERSKI, stipulate that the above-captioned lawsuit shall be dismissed as follows:

Count I (negligence) has already been dismissed by prior order of the Court, said dismissal is with prejudice

As to Count II (breach of contract), this Claim shall be dismissed WITHOUT prejudice, with each party to bear its own fees and costs.

As to Count III (breach of the implied covenant of good faith and fair dealing), this claim shall be dismissed WITH prejudice, with each party to bear its own fees and costs.

As to Count IV (unfair claims practices), this Claim shall be dismissed WITH Prejudice, with each party to bear its own fees and costs.

In addition, as a result of this Stipulation, Defendant agrees to withdraw its presently pending Motion for Summary Judgment (#17) as moot. BERNSTEIN & POISSON ____________________
Jamie H. Corcoran, Esq.
Attorneys for Plaintiff
OLSON, CANNON, GORMLEY,
ANGULO, & STOBERSKI
____________________
Peter Angulo Esq.
Attorneys for Defendant

ORDER

IT IS HEREBY ORDERED Plaintiffs' Complaint against Church Mutual Insurance Company is dismissed completely in the following manner: without prejudice as to Count II and with prejudice as to Counts III, and IV - with the parties to bear their own costs and attorneys' fees.

____________________

LARRY R. HICKS

UNITED STATES DISTRICT JUDGE


Summaries of

Sanders v. Church Mut. Ins. Co.

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
May 3, 2013
CASE NO.: 2:12-cv-01392-LRH-PAL (D. Nev. May. 3, 2013)
Case details for

Sanders v. Church Mut. Ins. Co.

Case Details

Full title:Archie Sanders, individually; James Houston, individually; Plaintiff, v…

Court:UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Date published: May 3, 2013

Citations

CASE NO.: 2:12-cv-01392-LRH-PAL (D. Nev. May. 3, 2013)