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DeLullo v. Ellis, Bandt, Birkin, Kollins & Wong, P.C. Plan, 2:17-cv-02326-RFB-PAL. (2017)

Court: District Court, D. Nevada Number: infdco20171201d20 Visitors: 5
Filed: Nov. 30, 2017
Latest Update: Nov. 30, 2017
Summary: STIPULATION AND ORDER TO DISMISS PLAINTIFF'S SECOND CLAIM FOR RELIEF RICHARD F. BOULWARE, II , District Judge . IT IS HEREBY STIPULATED by and between Plaintiff VICKIE E. DELULLO; Defendant ELLIS, BANDT, BIRKIN, KOLLINS & WONG, P.C. PLAN; and Defendant UNUM LIFE INSURANCE COMPANY OF AMERICA, a Maine corporation, through their respective attorneys of record, that the Second Claim for Relief, for specific performance, as set forth in paragraphs 29 through 31 of Plaintiff's Complaint, is hereb
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STIPULATION AND ORDER TO DISMISS PLAINTIFF'S SECOND CLAIM FOR RELIEF

IT IS HEREBY STIPULATED by and between Plaintiff VICKIE E. DELULLO; Defendant ELLIS, BANDT, BIRKIN, KOLLINS & WONG, P.C. PLAN; and Defendant UNUM LIFE INSURANCE COMPANY OF AMERICA, a Maine corporation, through their respective attorneys of record, that the Second Claim for Relief, for specific performance, as set forth in paragraphs 29 through 31 of Plaintiff's Complaint, is hereby dismissed with prejudice. The claim set forth in Plaintiff's First Claim for Relief specifically has not been dismissed by this stipulation and order.

There shall be no award of attorneys' fees or costs due and owing specifically as a result of this voluntary dismissal of Plaintiff's Second Claim for Relief; however, nothing in this Stipulation shall preclude or limit either party from requesting or being awarded costs and/or attorneys' fees, in whole or in part, in the event that either party is deemed the prevailing party upon the entry of judgment on the remaining claims that are being pursued in this matter.

ORDER

IT IS SO ORDERED.

Source:  Leagle

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