Mowry # 159208 v. Balashi et al

Filing 46

ORDER, the reference to the Magistrate Judge is withdrawn as to Plaintiff's Motion to Dismiss Balashi 31 , Defendant's Stipulation and Motion to Dismiss 35 , and Defendant's Motion for Clarification 45 and the motions are denied as moot; consistent with Magistrate Judge Aspey's 7/7/14 Order, Balashi is dismissed from this action. Signed by Senior Judge Stephen M McNamee on 7/10/14. (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Arron E. Mowry,
Plaintiff,

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vs.

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Balaji, et al.,
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Defendants.
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No. CV 13-2210-PHX-SMM (MEA)
ORDER

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Before the Court are Plaintiff’s Motion to Dismiss Defendant Balashi (Doc. 31),

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Balaji’s “Consent and Stipulation to Plaintiff’s Request to Dismiss Case” (Doc. 35), and

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Balaji’s Motion for Ruling (Doc. 45). These motions are moot because on July 7, 2014, the

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Magistrate Judge granted leave for Plaintiff to file a Second Amended Complaint substituting

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Defendant Steinhouser for Balashi. Accordingly, Balashi is no longer a Defendant in this

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action. The Court finds no basis to sanction Plaintiff or to dismiss this entire action with

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prejudice.

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IT IS ORDERED that the reference to the Magistrate Judge is withdrawn as to

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Plaintiff’s Motion to Dismiss Balashi (Doc. 31), Defendant’s Stipulation and Motion to

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Dismiss (Doc. 35), and Defendant’s Motion for Clarification (Doc. 45) and the motions are

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denied as moot.

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///

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IT IS FURTHER ORDERED that consistent with Magistrate Judge Aspey’s July
7, 2014 Order, Balashi is dismissed from this action.
DATED this 10th day of July, 2014.

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