Opinion
No. C 02-3119 SI
August 21, 2002
LEO H. SCHUERING, JR., DOMINIQUE A. POLLARA, SCHUERING ZIMMERMAN SCULLY, Sacramento, California, Attorneys for Defendants NORCAL MUTUAL INSURANCE COMPANY and DAVID KAWANO, M.D.
STIPULATION AND ORDER OF DISMISSAL
IT IS HEREBY STIPULATED between the parties to the above-entitled action, through their undersigned respective counsel of record, that Plaintiff agrees to dismiss the above entitled federal court complaint with prejudice as to Defendants NORCAL MUTUAL INSURANCE COMPANY and DAVID KAWANO, M.D., each party to bear their own costs and attorney's fees.
Defendants hereby agree to waive any and all claims, actions, or motions arising out of this action, including but not limited to any action for malicious prosecution, abuse of process or Rule 11 sanctions.
Dated: August 21, 2002 HERSH HERSH
By /s/ Charles C. Kelly, II Charles C. Kelly, II
Dated: August 20, 2002 SCHUERING ZIMMERMAN SCULLY, LLP.
By /s/ Leo H. Schuering, Jr. LEO H. SCHUERING, JR.
ORDER FOR DISMISSAL WITH PREJUDICE
Pursuant to the foregoing stipulation, and good cause appearing therefore,IT IS HEREBY ORDERED that the above-entitled action be, and the same hereby is, dismissed with prejudice as to defendants NORCAL MUTUAL INSURANCE COMPANY and DAVID KAWANO, M.D., with each party to bear their own costs and attorney's fees. Defendants waive any and all claims, actions or motions arising out of this action, including but not limited to any action for malicious prosecution, abuse of process or Rule 11 sanctions.