Free Motion to Dismiss - District Court of California - California

Case 3:07-cv-02168-H-CAB

Document 23

Filed 04/11/2008

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B URKE , W ILLIAMS & S ORENS EN , LLP
ATTO RNEY S AT LAW LOS A NG EL ES

GERACI & LOPEZ STEPHEN F. LOPEZ, State Bar No. 125058 E-Mail: [email protected] 13355 Midland Road, Suite 140 Poway, CA 92064 Telephone: (619) 231-3131 Facsimile: (619) 374-1911 Attorneys for Plaintiff Conrad Sheff, M.D. BURKE, WILLIAMS & SORENSEN, LLP DANIEL W. MAGUIRE, State Bar No. 120002 E-Mail: [email protected] 444 South Flower Street, Suite 2400 Los Angeles, CA 90071-2953 Telephone: (213) 236-0600 Facsimile: (213) 236-2700 Attorneys for Defendants Life Insurance Company of North America and Southern California Permanente Medical Group Long Term Disability Plan UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA CONRAD SHEFF M.D., an individual, Plaintiff, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, a Pennsylvania Corporation conducting business in the State of California and doing business as CIGNA GROUP INSURANCE and Does 1 through 50, inclusive, Defendants. CASE NO. 07 CV 2168 H CAB JOINT MOTION TO DISMISS ACTION WITH PREJUDICE

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LA #4812-6541-2866 v1

CASE NO. 07 CV 2168 H CAB JOINT MOTION TO DISMISS

Case 3:07-cv-02168-H-CAB

Document 23

Filed 04/11/2008

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B URKE , W ILLIAMS & S ORENS EN , LLP
ATTO RNEY S AT LAW LOS A NG EL ES

TO THE HONORABLE COURT:

Plaintiff Conrad Sheff, M.D. and Defendants Life Insurance Company of North America and Southern California Permanente Medical Group Long Term Disability Plan, hereby jointly move to dismiss this action with prejudice, in its entirety, with each party to bear their own attorneys' fees and costs.

Respectfully submitted, DATED: April 2, 2008 GERACI & LOPEZ STEPHEN F. LOPEZ

By: s/ Stephen F. Lopez STEPHEN F. LOPEZ Attorneys for Plaintiff Conrad Sheff, M.D. [email protected]

DATED: April 11, 2008

BURKE, WILLIAMS & SORENSEN, LLP DANIEL W. MAGUIRE

By: s/ Daniel W. Maguire DANIEL W. MAGUIRE Attorneys for Defendants Life Insurance Company of North America and Southern California Permanente Medical Group Long Term Disability Plan [email protected]

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CASE NO. 07 CV 2168 H CAB JOINT MOTION TO DISMISS

Case 3:07-cv-02168-H-CAB

Document 23

Filed 04/11/2008

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B URKE , W ILLIAMS & S ORENS EN , LLP
ATTO RNEY S AT LAW LOS A NG EL ES

CERTIFICATE OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18 years and not a party to the within action; my business address is Burke, Williams & Sorensen, LLP, 444 South Flower Street, Suite 2400, Los Angeles, California 90071-2953. On April 11, 2008, I served the following document(s) described as JOINT MOTION TO DISMISS ACTION WITH PREJUDICE on the interested party(ies) in this action as follows: by placing true copies thereof enclosed in a sealed envelope addressed stated on the attached service list. BY MAIL: I am "readily familiar" with the firm's practice of collecting and processing correspondence for mailing with the United States Postal Service. Under that practice, it would be deposited with the United States Postal Service that same day in the ordinary course of business. Such envelope was placed for collection and mailing with postage thereon fully prepaid at Los Angeles, California, on that same day following ordinary business practices. BY FACSIMILE: At approximately _____, I caused said document(s) to be transmitted by facsimile. The telephone number of the sending facsimile machine was (213) 236-2700. The name(s) and facsimile machine telephone number(s) of the person(s) served are set forth in the service list. The document was transmitted by facsimile transmission, and the sending facsimile machine properly issued a transmission report confirming that the transmission was complete and without error. BY OVERNIGHT DELIVERY: I deposited such document(s) in a box or other facility regularly maintained by the overnight service carrier, or delivered such document(s) to a courier or driver authorized by to receive documents, in an envelope or package designated by the overnight service carrier with delivery fees paid or provided for, addressed to the person(s) served hereunder. BY ELECTRONIC SERVICE of the document(s) via Portable Document Format (pdf), by uploading such documents using the court's CM/ECF system case filing which automatically generates Notice of Electronic Filing or NEF which allows recipients to retrieve the document(s) automatically. I declare under penalty of perjury under the laws of the United States of America and the State of California that the above is true and correct. I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made; served the above document(s) at the direction of a member of the bar of this court. Executed on April 11, 2008, at Los Angeles, California. /s/ Mary Musulman MARY MUSULMAN
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CASE NO. 07 CV 2168 H CAB JOINT MOTION TO DISMISS

Case 3:07-cv-02168-H-CAB

Document 23

Filed 04/11/2008

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B URKE , W ILLIAMS & S ORENS EN , LLP
ATTO RNEY S AT LAW LOS A NG EL ES

SERVICE LIST Sheff v. Life Ins. Co. of North America, et al. Stephen F. Lopez, Esq. GERACI & LOPEZ 13355 Midland Road, Suite 140 Poway, CA 92064 Tel: (619) 231-3131 Fax: (619) 374-1911 E-Mail: [email protected] Attorneys for Plaintiff Conrad Sheff, M.D.

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CASE NO. 07 CV 2168 H CAB JOINT MOTION TO DISMISS