McNally et al v. Eye Dog Foundation for the Blind, Inc. et al

Filing 161

ORDER DISMISSING Action with Prejudice signed by Chief Judge Anthony W. Ishii on 1/14/2012. CASE CLOSED. (Sant Agata, S)

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Robert L. Sullivan, Jr., # 41711
Devon R. McTeer, #230539
McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
P.O. Box 28912
5 River Park Place East
Fresno, CA 93720-1501
Telephone:
[phone]
Facsimile:
[phone]

(SPACE BELOW FOR FILING STAMP ONLY)

Attorneys for Plaintiffs
MONTRY MCNALLY; RUBY BELL; and
KENNETH BALES

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MONTRY MCNALLY; RUBY BELL;
and KENNETH BALES,
Plaintiffs,

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REQUEST FOR DISMISSAL WITH
PREJUDICE [Rule 41(a)(2)]; ORDER RE
SAME

v.

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Case No. 1:09-CV-01184-AWI-SKO

EYE DOG FOUNDATION FOR THE
BLIND, INC.; EYE DOG FOUNDATION
PROFIT SHARING PLAN; GWEN
BROWN, an individual, and DOES 1
through 50,
Defendants.

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Plaintiffs, MONTRY MCNALLY, RUBY BELL and KENNETH BALES by and through

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their attorneys of record McCormick, Barstow, Sheppard, Wayte & Carruth LLP and pursuant to

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Federal Rules of Civil Procedure, Rule 41(a)(2), do hereby request that this Court dismiss the

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within action in its entirety with prejudice. Said dismissal is requested as Defendants have

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satisfied their obligation under the Settlement Agreement entered into between the parties. Each

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party to bear its own attorney’s fees and costs of suit incurred.

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP

REQUEST FOR DISMISSAL WITH PREJUDICE [RULE 41(a)(2)]; ORDER RE SAME

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Dated: January 11, 2012

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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By:
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/s/ Devon R. McTeer
Devon R. McTeer
Robert L. Sullivan, Jr.
Attorneys for Plaintiffs
MONTRY MCNALLY; RUBY BELL;
and KENNETH BALES

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ORDER
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After reviewing Plaintiff’s Request for Dismissal under Section 41(a)(2) of the Federal

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Rules of Civil Procedure,
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IT IS SO ORDERED that the within action is dismissed in its entirety with prejudice.
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Each party to bear its own attorney’s fees and costs of suit

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IT IS SO ORDERED.

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Dated: January 14, 2012

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CHIEF UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

0m8i788

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP

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REQUEST FOR DISMISSAL WITH PREJUDICE [RULE 41(a)(2)]; ORDER RE SAME