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Kenneth Rishe v. Biggs-Gridley Memorial Hospital and Does 1 Through 25

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


November 6, 2012

KENNETH RISHE
PLAINTIFF,
v.
BIGGS-GRIDLEY MEMORIAL HOSPITAL AND DOES 1 THROUGH 25, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, JR United States District Judge

STIPULATION FOR VOLUNTARY DISMISSAL WITH PREJUDICE; ORDER RE SAME [Fed. R. Civ. P. 25(a), 41(a)(2)]

WHEREAS, the parties stipulate as follows:

1. Plaintiff died on February 15, 2012;

2. Plaintiff's counsel has notified Defendant's counsel that Plaintiff's estate has not been and will not be probated;

3. Plaintiff's counsel has notified Defendant's counsel that Plaintiff's successor and representative is his wife, Angeles M. Rishe;

4. Plaintiff's counsel has notified Defendant's counsel that Ms. Rishe has requested that the matter be dismissed with prejudice, each party to bear their own attorneys' fees and costs;

1 5. Plaintiff's counsel has notified Defendant's counsel that he has been authorized by Ms. 2 Rishe to sign and submit the documents needed to accomplish that goal;

3 6. Defendant has received Ms. Rishe's executed agreement authorizing the dismissal with 4 prejudice, each party to bear their own attorneys' fees and costs; and

5 7. The parties hereby agree that this matter shall be dismissed with prejudice, each party to 6 bear their own attorneys' fees and costs.

7 Dated: October 26, 2012 TREZZA, ITHURBURN, STEIDLMAYER & ITHURBURN 8 9 By: /s/ Michael J. Trezza MICHAEL J. TREZZA Attorneys for Plaintiff KENNETH RISHE Dated: October 26, 2012 HOLDEN LAW GROUP By: /s/ Kimberley A. Worley KIMBERLEY A. WORLEY Attorneys for Defendant BIGGS-GRIDLEY MEMORIAL HOSPITAL

ORDER

The parties having stipulated and good cause appearing, the Court hereby dismisses this action with prejudice, each party to bear their own attorneys' fees and costs. The Clerk of the Court is directed to close the file.

IT IS SO ORDERED.

20121106

© 1992-2012 VersusLaw Inc.



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