STIPULATION TO DISMISS ACTION WITHOUT PREJUDICE; [PROPOSED] ORDER

EDWARD M. CHEN, District Judge.

Plaintiff James C. Nielsen and Defendant The United States Life Insurance Company in the City of New York, through their attorneys of record, hereby stipulate that this action be dismissed without prejudice, and request an order from this Court dismissing the action without prejudice for good cause, as follows:

1. Plaintiff filed this declaratory relief action on March 28, 2012. On June 22, 2012, the Court heard Plaintiff's motion for summary judgment. At that time, the Court and counsel addressed the fact that the defendant insurer had not yet made a decision on Plaintiff's claim for benefits, as the insurer was engaged in an ongoing evaluation. The Court then ordered that the matter be held in abeyance for six months, and set a Case Management Conference for December 21, 2012.

2. Because a decision had not yet been made on Plaintiff's claim for benefits, on December 10, 2012, this Court signed the Order on the parties' Stipulation to Continue Case Management Conference, and the Case Management Conference was continued to February 28, 2013.

3. As of the date of this Stipulation, a decision still has not been made on Plaintiff's claim for benefits. Accordingly, the parties agree that this action should be dismissed without prejudice at this time, and request an Order dismissing the action without prejudice. Each party will bear his or its own costs and expenses.

RESPECTFULLY SUBMITTED:

ORDER

UPON REVIEW OF THE STIPULATION BETWEEN THE PARTIES, AND GOOD CAUSE BEING SHOWN, THEREFORE,

IT IS HEREBY ORDERED that this action is dismissed without prejudice. Each party will bear his or its own costs.

IT IS SO ORDERED.