STIPULATION OF DISMISSAL AND ORDER OF DISMISSAL [FRCP 41(a)]

JOHN A. MENDEZ, District Judge.

Plaintiffs I.P., a minor, by and through her guardian ad litem, FACUNDO PALACIO DIAZ, MICAELA PALACIO and FACUNDO PALACIO DIAZ, Defendant and Cross-Complainant BANNER HEALTH dba BANNER LASSEN MEDICAL CENTER and Defendant UNITED STATES OF AMERICA hereby stipulate under Federal Rule of Civil Procedure 41(a)(1) that the portion of this action removed from the Lassen County Superior Court, Case No. 56180 (complaint Palacio v. Banner Health and cross-complaint Banner Health v. Davainis) be dismissed with prejudice, with each party bearing their own attorney's fees and costs. This stipulation and order does not include the Federal Tort Claims Act complaint by plaintiffs I.P., a minor by and through her guardian ad litem, FACUNDO PALACIO DIAZ and MICAELA PALACIO against the United States of America which is still pending and is set to begin trial on

ORDER OF DISMISSAL

Pursuant to the stipulation of the parties under Federal Rule of Civil Procedure 41(a)(1) IT IS ORDERED THAT the portion of this action removed from the Lassen County Superior Court, Case No. 56180 (complaint Palacio v. Banner Health and cross-complaint Banner Health v. Davainis) be, and hereby is dismissed with prejudice, with each party bearing their own attorney's fees and costs.

IT IS FURTHER ORDERED THAT this order does not include the Federal Tort Claims Act complaint by plaintiffs I.P., a minor by and through her guardian ad litem, FACUNDO PALACIO DIAZ and MICAELA PALACIO against the United States of America which is still pending and is set for trial on September 24, 2015.