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Costello v. Nationwide Mutual Fire Insurance Co.

THE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION


February 12, 2010

HELEN COSTELLO AND VICTOR COSTELLO, PLAINTIFFS
v.
NATIONWIDE MUTUAL FIRE INSURANCE COMPANY DEFENDANT.

The opinion of the court was delivered by: Hon. Dolly M. Gee United States District Judge

[PROPOSED] ORDER FOR DISMISSAL PURSUANT TO STIPULATION OF PARTIES [34] [FRCP 41(a)(1)(A)(ii)]

Pursuant to the February 11, 2010 Stipulation of Dismissal by and between the parties to this action, Plaintiffs Helen Costello and Victor Costello and Defendant Nationwide Mutual Fire Insurance Company, and for good cause shown, the Court makes the following orders:

1. This action is dismissed pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) on the terms set forth in the parties' Arbitration Agreement and Release of Claims, signed by Plaintiffs on January 29, 2010;

2. The action is dismissed with prejudice;

3. The Court shall retain jurisdiction to enforce the Arbitration Agreement and Release of Claims, over any disputes arising under or in connection with that Agreement and in connection with any submission by the parties pertaining to the Arbitration Matter as that phrase is defined in the Agreement; and

4. Unless otherwise stated in the Arbitration Agreement and Release of Claims, each party will bear their own attorneys' fees and court costs pertaining to this action.

IT IS SO ORDERED.

20100212

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