Nicholas Thanos v. Berkshire Life Insurance Company of America et al

Northern District of California, cand-4:2015-cv-02514

ORDER GRANTING STIPULATION AND DISMISSING CASE WITH PREJUDICE. Each party to bear their own costs, expenses and fees. Signed by Judge Jeffrey S. White on May 27, 2016. (jswlc1, COURT STAFF) Modified on 5/31/2016

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1 RAY BOURHIS (SBN 53196) ERIC WHITEHEAD (SBN 301449) 2 RAY BOURHIS ASSOCIATES 12 Funston Ave 3 San Francisco, CA 94129 Tel: (415) 392-4660 4 Facsimile: (415) 421-0259 E-Mail: rfbourhis@gmail.com 5 eric.whitehead@raybourhis.com Attorneys for Plaintiff 6 7 JEFFREY M. GRANTHAM (Admitted Pro Hac Vice) JOHN DAVID COLLINS (Admitted Pro Hac Vice) 8 MAYNARD, COOPER AND GALE, P.C. 1901 6th Avenue North 9 2400 Regions/Harbert Plaza Birmingham, Alabama 35203 10 Phone: 205.254.1104 Fax: 205.254.1999 11 E-mail: jgrantham@maynardcooper.com jcollins@maynardcooper.com 12 Attorneys for Defendants 13 DYLAN D. RUDOLPH (SBN 278707) 14 MAYNARD, COOPER AND GALE, LLP 275 Battery Street, Suite 1350 15 San Francisco, California 94111 Telephone: (415) 591-8363 16 Facsimile: (205) 254-1999 E-mail: loliver@maynardcooper.com 17 drudolph@maynardcooper.com Attorneys for Defendants 18 19 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 20 SAN FRANCISCO DIVISION 21 4 NICHOLAS THANOS, M.D.,) CASE NO. 3:15-CV-02514-JSW 22) Plaintiff,) JOINT STIPULATION OF DISMISSAL 23) WITH PREJUDICE AND [PROPOSED] vs.) ORDER 24) BERKSHIRE LIFE INSURANCE COMPANY) 25 OF AMERICA, GUARDIAN LIFE) INSURANCE COMPANY OF AMERICA,) Hon Jeffrey S. White 26 and DOES 1-50,)) 27 Defendants.)) 28 03642808.1 03391254.1 K:\1059-171\PLE\******** Case No. 3:15-CV-02514-JSW JOINT STIPULATION OF DISMISSAL WITH PREJUDICE AND [PROPOSED] ORDER 1 JOINT STIPULATION OF DISMISSAL WITH PREJUDICE 2 COME NOW Plaintiff Nicholas Thanos, M.D., by and through his undersigned counsel, and 3 Defendants Guardian Life Insurance Company of America, and Berkshire Life Insurance Company of 4 America, by and through their undersigned counsel, and, being all of the parties to this action, jointly 5 stipulate and agree pursuant to Rule 41(a) of the Federal Rules of Civil Procedure that this action, and 6 each and every count and claim asserted therein, be dismissed with prejudice, each party to bear their 7 8 own costs, expenses and fees. 9 10 Respectfully submitted this _27_ day of May 2016, 11 12 RAY BOURHIS & ASSOCIATES MAYNARD, COOPER & GALE, P.C. 13 By: /s/ Eric Whitehead By: /s/ John David Collins 14 Eric Whitehead John David Collins 15 Attorney for Plaintiff NICHOLAS One of the Attorneys for BERKSHIRE LIFE 16 THANOS, M.D. INSURANCE COMPANY OF AMERICA and THE GUARDIAN LIFE 17 INSURANCE COMPANY OF AMERICA 18 19 20 21 22 23 In accordance with General Order No. 45, Rule X, the above signatory attests that concurrence 24 in the filing of this document has been obtained from the signatory below. 25 26 Dated: May 27, 2016 By: /s/ Eric Whitehead Eric Whitehead 27 Attorney for Plaintiff Nicholas Thanos, M.D. 28 Case No. 3:15-CV-02514-JSW JOINT STIPULATION OF DISMISSAL WITH PREJUDICE AND [PROPOSED] ORDER 1 PROPOSED ORDER 2 Based on the parties' stipulation, IT IS SO ORDERED. The Clerk of the Court is directed to 3 dismiss this matter with prejudice. All other existing dates and deadlines in this matter are hereby 4 vacated. 5 6 IT IS SO ORDERED. 7 8 9 May 27, 2016 Dated: ___________________, 2016 By: _____________________________ 10 Hon. Jeffrey S. White United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 3:15-CV-02514-JSW JOINT STIPULATION OF DISMISSAL WITH PREJUDICE AND [PROPOSED] ORDER