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