Opinion
G. PATRICK GALLOWAY, ESQ. MICHAEL C. AUSTIN, ESQ. GALLOWAY, LUCCHESE, EVERSON & PICCHI, A Professional Corporation Walnut Creek, CA, Attorneys for Defendant SUTTER WEST BAY HOSPITALS dba NOVATO COMMUNITY HOSPITAL.
JONATHAN SHUGART, ESQ., ANDERSON LAW, Attorneys for Plaintiff Rhiannin Skeels.
NOTICE AND STIPULATED PROPOSED ORDER OF DISMISSAL OF DEFENDANT SUTTER WEST BAY HOSPITALS DBA NOVATO COMMUNITY HOSPITAL
THELTON E. HENDERSON, District Judge.
TO THE HONORABLE JUDGE OF THE ABOVE-ENTITLED COURT, THE PARTIES AND THEIR ATTORNEYS OF RECORD:
On December 2, 2013, defendant Sutter West Bay Hospitals dba Novato Community Hospital (hereinafter Novato Community Hospital) served by mail on plaintiff Rhiannin Skeels an F.R.C.P. Rule 68 Offer to Compromise. In that offer, defendant Novato Community Hospital, in exchange for a dismissal with prejudice, would waive any claim for costs and right to proceed with any action for malicious prosecution against plaintiff or her attorneys; both parties to bear their own costs and attorneys' fees associated with this litigation.
On December 5, 2013, plaintiff Rhiannin Skeels, through her attorney of record, accepted defendant Novato Community Hospital's offer to compromise.
Plaintiff Rhiannin Skeels and defendant Novato Community Hospital, by and through their designated counsel, hereby request an Order of Voluntary Dismissal pursuant to F.R.C.P. Rule 68 of defendant Novato Community Hospital with prejudice. The parties further request that the Order provide that Novato Community Hospital waives any claim for costs or right to proceed with an action for malicious prosecution against plaintiff or her attorneys and that each party shall be responsible for its own costs and attorneys' fees associated with this litigation.
ORDER OF DISMISSAL OF DEFENDANT SUTTER WEST BAY HOSPITALS dba NOVATO COMMUNITY HOSPITAL
The Notice and Stipulated Proposed Order of Dismissal of plaintiff Rhiannin Skeels and defendant Sutter West Bay Hospitals dba Novato Community Hospital (hereinafter Novato Community Hospital) pursuant to F.R.C.P. Rule 68 in the above-entitled matter came before this Court. Finding good cause therefor,
IT IS HEREBY ORDERED that:
1. Defendant Novato Community Hospital is dismissed with prejudice;
2. Defendant Novato Community Hospital waives any claim for costs or right to proceed with an action for malicious prosecution against plaintiff Rhiannin Skeels or her attorneys; and
3. Each party shall be responsible for its own costs and attorneys' fees associated with this litigation.