Yingling V. SK Foods LP, et al

Filing 24

ORDER Denying 10 Motion to Dismiss as Moot; ORDER Dismissing Defendant Scott Salyer signed by Magistrate Judge Gary S. Austin on 1/27/2009. (Esteves, C)

1 2 3 4 5 6 7 8 9 10 11 12 SK FOODS LP et al., 13 14 15 16 17 18 On November 17, 2008, Defendants filed a Motion to Dismiss Defendant Scott Salyer. 19 (Doc. 18). On January 22, 2009, Plaintiff filed a Notice of Voluntary Dismissal. The hearing on 20 the Motion to Dismiss which was scheduled for January 23, 2009 was vacated. In light of 21 Plaintiff's filing, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, IT IS 22 HEREBY ORDERED that Defendant Scott Salyer is dismissed from all claims and causes of 23 action in the complaint. Since Defendant Sayler has been dismissed from this action, 24 Defendant's motion is DENIED as moot. 25 IT IS SO ORDERED. 26 Dated: 27 28 1 Defendants. ___________________________________ v. Plaintiff, RANDY YINGLING, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:08-cv-1262 GSA

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

ORDER DENYING MOTION TO DISMISS AS MOOT ORDER DISMISSING DEFENDANT SCOTT SALYER

(Doc. 10)

January 27, 2009

/s/ Gary S. Austin

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

6i0kij

UNITED STATES MAGISTRATE JUDGE

2