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Culbertson-Chavira v. Life Insurance Company of North America, 2:17-cv-01702-JAM-AC. (2018)

Court: District Court, E.D. California Number: infdco20180807c40 Visitors: 3
Filed: Aug. 03, 2018
Latest Update: Aug. 03, 2018
Summary: ORDER RE DISMISSAL WITH PREJUDICE JOHN A. MENDEZ , District Judge . ORDER Pursuant to the Joint Stipulation regarding Dismissal with Prejudice of Plaintiff Brenda Culbertson-Chavira ("Plaintiff") and Defendant Life Insurance Company of North America ("LINA"), by and through their respective counsel, IT IS HEREBY ORDERED as follows: 1. Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, this action hereby is dismissed in its entirety, as to all parties, and with prejudice; 2.
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ORDER RE DISMISSAL WITH PREJUDICE

ORDER

Pursuant to the Joint Stipulation regarding Dismissal with Prejudice of Plaintiff Brenda Culbertson-Chavira ("Plaintiff") and Defendant Life Insurance Company of North America ("LINA"), by and through their respective counsel, IT IS HEREBY ORDERED as follows:

1. Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, this action hereby is dismissed in its entirety, as to all parties, and with prejudice; 2. Each party shall bear its own attorneys' fees and costs; and 3. Pursuant to the Parties' Stipulation, the dismissal with prejudice of the above-entitled case shall not have any impact whatsoever on Plaintiff's right to disability benefits beyond the 24 month Regular Occupation period, after which the Parties' stipulation indicates the applicable Definition of Disability changes, under group disability insurance policy LK-980212 ("Policy"), issued by LINA. Plaintiff's right to ongoing disability benefits is subject to the terms and conditions of the Policy. The dismissal with prejudice of the above-entitled case shall not have any impact whatsoever on Plaintiff's right to bring a lawsuit, if necessary, against Defendant for disability benefits under the Policy beyond the 24 month Regular Occupation period.

IT IS SO ORDERED.

Source:  Leagle

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