The Meat Market, Inc. v. The American Insurance Company

Filing 46

ORDER Dismissing Action and Closing Case, signed by District Judge Anthony W. Ishii on 10/25/13. CASE CLOSED.(Verduzco, M)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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THE MEAT MARKET, INC., dba
STATE CENTER FOODS,

1:11-cv-00983-AWI-SAB

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ORDER DISMISSING ACTION
AND CLOSING CASE

Plaintiff,
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v.

(Doc. 45)

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THE AMERICAN INSURANCE CO.;
and DOES 1 through 50, inclusive,
Defendants.
__________________________________/

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18 The Court refers the parties to previous orders for a complete chronology of the proceedings. On
19 October 24, 2013, the parties filed a joint stipulation (doc. 45) representing to the Court they had
20 agreed to settle this matter in full and, accordingly, had executed a confidential settlement
21 agreement and general release of claims with each party agreeing to bear its own costs. As part
22 of their compromise, the parties requested (1) a dismissal of the complaint with prejudice
23 pursuant to Federal Rule of Civil Procedure 41(a)(1); and (2) that the Court withdraw and strike
24 its March 19, 2013 order (doc. 37) re: summary judgment from the record. In light of the
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2 stipulation, this case has terminated, see Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San
3 Jose, 111 F.3d 688, 692 (9th Cir. 1997), and is hereby DISMISSED with prejudice and without
4 an award of attorneys’ fees and costs to either party. The Court further WITHDRAWS and
5 STRIKES its March 19, 2013 summary judgment order (doc. 37) from the record, and
6 respectfully directs the Clerk of Court to remove said order from the docket and close the case.
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9 IT IS SO ORDERED.
10 Dated: October 25, 2013
SENIOR DISTRICT JUDGE
DEAC_Signature-END:

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