Behjou v. Bank of America Group Benefits Program et al

Filing 76

STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE. Each side shall pay its/his own attorneys' fees and costs re 74 Stipulation. Signed by Judge Saundra Brown Armstrong, on 8/9/12. (lrc, COURT STAFF) (Filed on 8/13/2012) Modified on 8/14/2012 (jlm, COURT STAFF).

Download PDF
1 2 3 4 5 6 7 8 HANSON BRIDGETT LLP RAYMOND F. LYNCH - 119065 rlynch@hansonbridgett.com MOLLY L. KABAN - 232477 mlee@hansonbridgett.com 425 Market Street, 26th Floor San Francisco, CA 94105 Telephone: (415) 777-3200 Facsimile: (415) 541-9366 Attorneys for Defendants BANK OF AMERICA GROUP BENEFITS PROGRAM, BANK OF AMERICA, N.A., BANK OF AMERICA CORPORATION CORPORATE BENEFITS COMMITTEE 9 UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 12 OMID BEHJOU, No. CV 10 3982 SBA 13 Plaintiff, 14 STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE v. 15 16 17 BANK OF AMERICA GROUP BENEFITS PROGRAM, BANK OF AMERICA, N.A., BANK OF AMERICA CORPORATE BENEFITS COMMITTEE, 18 Defendants, 19 AETNA LIFE INSURANCE COMPANY, 20 Real Party In interest. 21 22 PLEASE TAKE NOTICE: 23 The parties hereto, Plaintiff Omid Behjou (“Plaintiff”), Defendants Bank of America 24 Group Benefits Program, Bank of America, N.A., and Bank of America Corporate 25 Benefits Committee (“the Bank Defendants”) and Real-Party-In-Interest Aetna Life 26 Insurance Company ("Aetna") (collectively, the "Parties"), by and through their attorneys 27 of record, hereby enter into this Stipulation and [Proposed] Order for Dismissal with 28 Prejudice. -1STIP. & [PROP.] ORDER FOR DISMISSAL WITH PREJUDICE (NO. CV 10 3982 SBA) 2679789.1 1 2 3 4 RECITALS WHEREAS, Plaintiff filed this lawsuit against the Bank Defendants and Aetna on September 3, 2012; WHEREAS, on June 25, 2012, the Parties entered into a Settlement Agreement 5 and General Release (the "Settlement Agreement") wherein the Parties agreed to settle 6 all aspects of this lawsuit without admission of wrongdoing, liability or fault by any party; 7 Wherefore, the Parties, by and through their attorneys of record, hereby stipulate 8 9 10 as follows: 1. that the above-captioned lawsuit be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). 11 2. 12 IT IS SO STIPULATED. 13 I hereby attest that I have on file all holograph signatures for any signatures that each Party shall bear its/his own costs and attorneys' fees. 14 indicated by a "conformed" signature (/S/) within this e-filed document. 15 DATED: August 2, 2012 HANSON BRIDGETT LLP 16 17 18 19 20 21 By: /s/ Raymond F. Lynch RAYMOND F. LYNCH MOLLY L. KABAN Attorneys for Defendants BANK OF AMERICA GROUP BENEFITS PROGRAM, BANK OF AMERICA, N.A., BANK OF AMERICA CORPORATION CORPORATE BENEFITS COMMITTEE 22 23 24 25 26 27 28 -2STIP. & [PROP.] ORDER FOR DISMISSAL WITH PREJUDICE (NO. CV 10 3982 SBA) 2679789.1 1 DATED: July 17, 2012 LAW OFFICES OF LAURENCE F. PADWAY 2 3 By: /s/ Laurence F. Padway LAURENCE F. PADWAY Attorneys for Plaintiff OMID BEHJOU 4 5 6 7 DATED: July 19, 2012 GORDON & REES LLP 8 9 By: /s/ Michelle L. Steinhardt RONALD K. ALBERTS MICHELLE L. STEINHARDT Attorneys for Real Party In Interest AETNA LIFE INSURANCE COMPANY 10 11 12 13 PURSUANT TO STIPULATION, IT IS SO ORDERED. 14 The lawsuit against the Bank Defendants and Aetna is dismissed with prejudice. 15 Each side shall pay its/his own attorneys' fees and costs. 16 17 18 19 DATED: August 9 2012 By:_______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 20 21 22 23 24 25 26 27 28 -3STIP. & [PROP.] ORDER FOR DISMISSAL WITH PREJUDICE (NO. CV 10 3982 SBA) 2679789.1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?