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COLLVER v. WEISS

United States District Court, N.D. California, San Francisco Division


November 16, 2005.

WESLEY COLLVER, and JEREMY RAYMOND, a minor, Plaintiff,
v.
ELLEN WEISS, CORINNE FRUGONI, NATHAN COPPLE, OPEN DOOR COMMUNITY HEALTH CENTER MEDICAL CLINIC, PACIFIC HEART GROUP, INC., DAVID PLOSS, JAMES QUILLEN, COUNTY OF HUMBOLDT, HUMBOLDT COUNTY DEPARTMENT OF HEALTH SERVICES, AND STATE OF CALIFORNIA DEPARTMENT OF MOTOR VEHICLES, AND DOES 1 TO 50, Defendants.

The opinion of the court was delivered by: MARILYN PATEL, District Judge

STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITHOUT PREJUDICE
Pursuant to Federal Rules of Civil Procedure, Rule 41(a)(1)(ii), Plaintiffs Wesley Collver and Jeremy Raymond, a minor, and Defendants Ellen Weiss, M.D., Open Door Community Health Centers, Connie Frugoni, M.D., and United Indian Health Services, Inc., stipulate and agree by and through their attorneys of record as follows:

 

1. On October 5, 2005, Defendants Ellen Weiss and Open Door Community Health Centers filed a notice of removal, removing plaintiff's lawsuit from Humboldt County Superior Court to this Court;
2. On November 3, 2005, Defendants Weiss, Open Door Community Health Centers, Connie Frugoni and United Indian Health Services, Inc. ("moving defendants") filed a motion for miscellaneous relief under Civil Local Rule 7-11 seeking permission of the Court to file a motion to dismiss for lack of subject matter jurisdiction on the grounds that plaintiffs failed to present administrative claims against moving defendants before initiating this litigation;
3. On November 9, 2005, the Court issued an order granting the miscellaneous relief sought by moving defendants' November 3rd motion under Rule 7-11;
4. Per the Court's instructions, the moving defendants' motion to dismiss was set for hearing on December 19, 2005;
5. On November 9, 2005, moving parties filed and served the motion to dismiss;
6. On November 9, 2005, counsel for plaintiffs Steve Brady, Esq. contacted counsel for moving defendants, Assistant U.S. Attorney Jonathan Lee, by telephone to confirm that in light of the motion to dismiss plaintiffs were dismissing moving defendants and to request that Mr. Lee prepare the instant pleading;
7. No other parties have entered appearances in this Court relating to this action; and
8. In light of the foregoing, Plaintiffs Wesley Collver and Jeremy Raymond hereby consent to dismiss Defendants Ellen Weiss, M.D., Open Door Community Health Centers, Connie Frugoni, M.D., and United Indian Health Services, Inc. without prejudice. Each party will bear its own fees and costs.
[PROPOSED] ORDER
PURSUANT TO STIPULATION IT IS SO ORDERED.
20051116

© 1992-2005 VersusLaw Inc.



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