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DOUGLAS K. deVRIES (SB#70633)

deVRIES LAW FIRM

641 Fulton Avenue, Suite 200

Sacramento, CA 95825

Tel: 916/473-4343

Fax: 916/473-4342

Email: dkd@dkdlaw.com

Attorneys for Plaintiff

SEAN P. NALTY (SB#121253)

WILSON ELSER MOSKOWITZ ET AL

525 Market Street 

San Francisco, CA 94105-2725 

Tel: (415) 433-0990

Fax: (415) 434-1370

Email: sean.nalty@wilsonelser.com

Attorneys for Defendants

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA

VIVIAN JANE BURNELL,

Plaintiff,

vs.

THE GUARDIAN INSURANCE COMPANY

OF AMERICA, and BERKSHIRE LIFE

INSURANCE COMPANY,

Defendants.

 ____________________________________/

Case No. C09-02281 SC

STIPULATION AND ORDER OF DISMISSAL

OF ENTIRE ACTION AND ALL CLAIMS

WITH PREJUDICE

______________________________________

Plaintiff, VIVIAN JANE BURNELL and Defendants THE GUARDIAN INSURANCE

COMPANY OF AMERICA and BERKSHIRE LIFE INSURANCE COMPANY, by and through

their respective counsel, do hereby stipulate that the above-referenced matter has been settled by and

between all parties, and that the entire action and all claims against all defendants be dismissed with

Stipulation and Order of Dismissal 1

Case 3:09-cv-02281-SC Document 60 Filed 01/25/10 Page 1 of 4
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prejudice, with each party to bear its own costs of suit and attorney’s fees.

Dated: January 22, 2010 deVRIES LAW FIRM

By: /s/ Douglas K. deVries

DOUGLAS K. deVRIES

Attorney for Plaintiff VIVIAN BURNELL

Dated: January 22, 2010 WILSON ELSER MOSKOWITZ ET AL

By: /s/ Sean P. Nalty

SEAN P. NALTY

ORDER

Based on the stipulation of the parties set forth above, the entire action and all claims against

defendants THE GUARDIAN INSURANCE COMPANY OF AMERICA and BERKSHIRE LIFE

INSURANCE COMPANY are dismissed with prejudice, with each party to bear its own costs of suit

and attorney’s fees.

IT IS SO ORDERED.

Date: January ___, 2010

__________________________________

JUDGE OF THE DISTRICT COURT

Stipulation and Order of Dismissal 2

22

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Samuel Conti

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CERTIFICATE OF SERVICE

Vivian Jane Burnell v. The Guardian Life Insurance Company of America, et al.

USDC NDCA Case #C09-02281 SC

I am a citizen of the United States. I am over the age of eighteen years and am not a party to the

within cause. I am employed in the County of Sacramento, California and my business address is 641

Fulton Avenue, Suite 200, Sacramento, California 95825. On this date I served the following

document(s):

STIPULATION AND ORDER OF DISMISSAL OF ENTIRE ACTION AND ALL CLAIMS

WITH PREJUDICE

on the parties identified below, through their attorneys of record, by placing true copies thereof in sealed

envelopes addressed as shown below by the following means of service:

G: By First Class Mail -- I caused each such envelope, with first class postage thereon fully prepaid, to

be deposited in a recognized place of deposit of the U.S. Mail in San Francisco, California, for collection

to the office of the addressee following ordinary business practices.

_: By Personal Service – I caused each such envelope to be given to a courier messenger who

personally delivered each such envelope to the office of the address.

_: By Overnight Courier – I caused each such envelope to be given to an overnight mail service at

Sacramento, California, to be hand delivered to the office of the addressee on the next business day.

_: Facsimile – (Onlywhere permitted. Must consult CCP § 1012.5 and California Rules of Court 2001-

2011. Also consult FRCP Rule 5(e). Not currently authorized in N.D.C.A.)

#: Electronic E-Filing – I caused the attached document to be electronically transmitted on the Northern

District website to the parties named below.

Sean Nalty, Esq.

Wilson, Elser, Moskowitz, et al

525 Market Street - 17th floor

San Francisco, CA 94105-2725

I declare under penalty of perjury under the laws of the State of California that the foregoing is

true and correct to the best of my knowledge.

EXECUTED January 22, 2010 at Sacramento, California.

/s/ Pamela J. Pickering

PAMELA J. PICKERING

Stipulation and Order of Dismissal 3

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Stipulation and Order of Dismissal 4

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