Free Order - District Court of California - California

Case 5:07-cv-05025-JF

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Filed 01/15/2008

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KELLY, HERLIHY & KLEIN LLP Thomas M. Herlihy (SBN 836115) E-mail: [email protected] Laura E. Fannon (SBN 111500) E-mail: [email protected] 44 Montgomery Street, Suite 2500 San Francisco, CA 94104-4602 Telephone: (415) 951-0535 Facsimile: (415) 391-7808 Attorneys for Defendant PENN TREATY NETWORK AMERICA INSURANCE COMPANY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

GLORIA McCARROLL, Plaintiff, vs. PENN TREATY NETWORK AMERICA INSURANCE COMPANY, and DOES 1 through 10, inclusive, Defendants.

No. 5:07-CV-05025-JF Hon. Jeremy Fogel STIPULATION OF DISMISSAL OF ACTION WITH PREJUDICE

STIPULATION OF DISMISSAL OF ACTION WITH PREJUDICE

NO. 5:07-CV-05025-JF

Case 5:07-cv-05025-JF

Document 17

Filed 01/15/2008

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Plaintiff Gloria McCarroll ("McCarroll") and Defendant Penn Treaty Network America Insurance Company ("Penn Treaty"), by and through their undersigned counsel, state as follows: IT IS HEREBY STIPULATED AND AGREED, by and between McCarroll and Penn Treaty, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, that this entire action and all claims made or that could have been made against Penn Treaty in this action are hereby dismissed with prejudice, with each party to bear her or its own costs, expenses and attorneys' fees. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. Dated: January 8, 2008 FLYNN, ROSE & PERKINS

By _______/s/_________________________ Gary S. Rose Attorneys for Plaintiff GLORIA MCCARROLL Dated: January 8, 2008 KELLY, HERLIHY & KLEIN LLP

By ________/s/________________________ Thomas M. Herlihy Laura E. Fannon Attorneys for Defendant PENN TREATY NETWORK AMERICA INSURANCE COMPANY 1/15/07 IT IS SO ORDERED.

Judge Jeremy Fogel, US District Court

STIPULATION OF DISMISSAL OF ACTION

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NO. 5:07-CV-05025-JF

Case 5:07-cv-05025-JF

Document 17

Filed 01/15/2008

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DECLARATION RE CONCURRENCE OF SIGNATORIES UNITED STATES DISTRICT COURT, N.D. CAL. GENERAL ORDER 45

The undersigned ECF filer hereby attests that concurrence in the filing of the foregoing document has been obtained from each of the other signatories whose signature is indicated by the notation "/s/ [name of signatory]." I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Dated: January 8, 2008 /s/ Laura E. Fannon Laura E. Fannon

STIPULATION OF DISMISSAL OF ACTION

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NO. 5:07-CV-05025-JF