Martinez, et al. v. Silveira

Filing 67

ORDER DISMISSING ACTION WITH PREJUDICE, signed by Magistrate Judge Gary S. Austin on 8/23/2012.CASE CLOSED (Martin-Gill, S)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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ANTONIO MARTÍNEZ, and FELIPE
NUÑEZ TORRES,
Plaintiffs,

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v.

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JOSE GILBERTO SILVEIRA, an
individual; and DOES ONE through
TWENTY inclusive

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CASE NO. 1:10-CV-0234-GSA

ORDER DISMISSING ACTION WITH
PREJUDICE
(Doc. 67)

Defendants.

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On August 10, 2012, Plaintiff Antonio Martinez and Felipe Nunez Torres filed a

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Notice of Voluntary Dismissal, dismissing the case with prejudice against Defendant

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pursuant Section IX, paragraph A(2) of a settlement agreement entered into by the parties.

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(Doc. 66 and Doc. 60, pg. 19). However, since Defendant answered the complaint, Plaintiff

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may not voluntarily dismiss the action under Rule 41(a)(1)(A) without the Defendant’s

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signed stipulation. (Doc. 6). This Court however, may dismiss the action based on

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Plaintiff’s request on terms that the Court finds proper. Fed. R. Civ. P. 41(a)(2).

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Given the parties settlement agreement int his matter, the Court orders that this action
be DISMISSED with prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil
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Procedure. The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.

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Dated:
6i0kij

August 23, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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