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Anthony v. Liberty Mutual

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA -- FRESNO DIVISION


January 7, 2010

EARL ANTHONY, APPLICANT,
v.
LIBERTY MUTUAL, DEFENDANT.

The opinion of the court was delivered by: Lawrence J. O'Neill Judge OF The United States District Court

Stipulation of Partial Dismissal with Prejudice and Stipulation to Remand of Remaining Claims; Order

TRIAL DATE: NONE SCHEDULED

Pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiff Earl Anthony, by and through his undersigned attorney of record, hereby voluntarily dismisses, with prejudice, the Petition for Increased Benefits per California Labor Code § 132a ("Petition") dated October 23, 2009 dated October 23, 2009, against Liberty Mutual Group Inc. ("Defendant"). This dismissal extends to any and all claims for relief under, or which are pre-empted by, ERISA and COBRA, and are based on the same facts upon which said petition is based. Defendant, by and through its undersigned attorneys of record, hereby consents to Plaintiff's voluntary dismissal, with prejudice, of said Petition and claims.

The Parties further stipulate to the remand of all other worker's compensation claims in case numbers WCAB 279544 and 3448114 to the California Workers' Compensation Appeals Board.

The Parties shall bear their own attorneys' fees, expenses and costs.

Dated: January 4, 2010

CARY G. PALMER (SBN: 186601) BRENDAN J. BEGLEY (SBN: 202563) JACKSON LEWIS LLP 801 K Street, Suite 2300 Sacramento, California 95814 Telephone: (916) 341-0404 Facsimile: (916) 341-0141

ASHLEY B. ABEL (South Carolina SBN: 10097) (Pro Hac Vice Petition Pending) JACKSON LEWIS LLP abela@jacksonlewis.com One Liberty Square 55 Beattie Place, Suite 800 Greenville, South Carolina 29601 Telephone: (864) 232-7000 Facsimile: (864) 235-1381 Attorneys for Defendant LIBERTY MUTUAL

Dated: December 29, 2009

FOR PLAINTIFF: Douglas A. Low (SBN: 54006) 7450 N. Fresno St. Fresno, CA 93720 Telephone: (559) 437-0941 Facsimile: (559) 437-3817 Attorneys for Applicant EARL ANTHONY

ORDER

Pursuant to the Parties' stipulations above, the Petition for Increased Benefits per California Labor Code § 132a ("Petition") dated October 23, 2009 against Liberty Mutual Group Inc., including any and all claims for relief under, or which are pre-empted by, ERISA and COBRA and which are based on the same facts upon which said petition is based, are dismissed with prejudice. All other worker's compensation claims in case numbers WCAB 279544 and 3448114 are remanded to the California Workers' Compensation Appeals Board.

IT IS SO ORDERED.

20100107

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