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Wallace v. BCS Insurance Co.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 13, 2008

FRESNO OFFICE JOHN WALLACE AND NORMA WALLACE, PLAINTIFFS,
v.
BCS INSURANCE COMPANY, WORLD ACCESS SERVICE CORPORATION, ACCESS AMERICA, AND DOES 1 THROUGH 25, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Honorable Oliver W. Wanger United States District Court

ORDER OF PARTIAL DISMISSAL

Having reviewed the Stipulation of the Plaintiffs John Wallace and Norma Wallace ("Plaintiffs") and Defendants BCS Insurance Company and World Access Service Corp. ("Defendants") (collectively "the Parties") regarding Plaintiffs' voluntarily dismissal of the (1) a claim under RICO (Racketeer Influenced & Corrupt Organizations Act), 18 U.S.C. §§1961-1968 on behalf of a putative nationwide class; and (2) extending the existing Bus. & Prof. §§ 17200 et seq. -- that was initially brought on behalf of Plaintiffs only -- to be alleged upon behalf of a putative California-wide class ("May 2007 Amendment"), the Court makes the following findings:

1. Plaintiffs John Wallace and Norma Wallace ("Plaintiffs") amended their complaint on or about May 25, 2007 to include (1) a First Claim for Relief under RICO (Racketeer Influenced & Corrupt Organizations Act), 18 U.S.C. §§1961-1968 on behalf of a putative nationwide class; and (2) extending the existing Bus. & Prof. §§ 17200 et seq. -- that was initially brought on behalf of Plaintiffs only -- to be alleged upon behalf of a putative California-wide class ("May 2007 Amendment") as the Fourth Claim for Relief;

2. On or about April 18, 2008, the Plaintiffs voluntarily offered to withdraw the putative class claims added to their complaint via the May 2007 amendment in exchange for a waiver of any costs incurred by the defendants in relation to the amendment of claims and litigation of the amended claims;

3. Defendants BCS Insurance Company and World Access Service Corp. ("Defendants") agreed to forego any recoverable costs incurred by the defendants in relation to the amendment of claims and litigation of the amended claims in exchange for Plaintiffs' dismissal of the claims added in the May 2007 Amendment;

4. The Parties requested that the Court dismiss the First Claim for Relief (Mail Fraud and Wire Fraud in Violation of RICO) and the Fourth Claim for Relief (Unfair Business Practices in Violation of Business & Professions Code §§ 17200 et seq. as brought as a class action for all California insureds against All Defendants), and well as deem all class-related allegations in the operative Third Amended Complaint to be moot.

IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:

1. That the First Claim for Relief (Mail Fraud and Wire Fraud in Violation of RICO) and the Fourth Claim for Relief (Unfair Business Practices in Violation of Business & Professions Code §§ 17200 et seq. as brought as a class action for all California insureds against All Defendants) are hereby DISMISSED;

2. That all class-related allegations in the operative Third Amended Complaint are deemed moot;

3. That the Defendants shall not collect costs relating to the amendment of and litigation of the claims being dismissed in this Order.

20080813

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