Nationwide Agribusiness Insurance Company v. Garay et al

Filing 109

ORDER Entering Dismissal With Prejudice Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii), signed by District Judge Anthony W. Ishii on 11/14/16: The Clerk of the Court is respectfully directed to close this case. (CASE CLOSED)(Hellings, J)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA
NATIONWIDE AGRIBUSINESS
INSURANCE COMPANY,

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Plaintiff,
v.

1:14-cv-00138-AWI-JLT
ORDER ENTERING DISMISSAL
WITH PREJUDICE PURSUANT TO
Fed. R. Civ. P. 41(a)(1)(A)(ii)

GERARDO ALANN FELIX GARAY;
MARY GARCIA ROJAS; CYNTHIA
ANN ROJAS; CHRISTINA
MONTECINO; GABRIEL ROJAS;
ANITA ROJAS, individually and as a
Guardian ad Litem for BRANNON
JONAH CLAYTON; and DOES 1 to
50, inclusive,

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Defendants.
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MARY GARCIA ROJAS; CYNTHIA
ANN ROJAS; CHRISTINA
MONTECINO; GABRIEL ROJAS;
and ANITA ROJAS,

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Counterclaimants.
v.
NATIONWIDE AGRIBUSINESS
INSURANCE COMPANY;
PEERLESS INSURANCE
COMPANY; GOLDEN EAGLE
INSURANCE CORPORATION

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Counterdefendants.
__________________________________/
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On January 31, 2014, Plaintiff Nationwide Agribusiness Insurance Company

2 (“Nationwide”) filed a complaint for declaratory relief against Defendants Gerardo Garay, Mary
3 Garcia Rojas, Cynthia Ann Rojas, Christina Montecino, Gabriel Rojas, Anita Rojas, and
4 Brannon Clayton (“Defendants”). Doc. 1. On March 3, 2015, Mary Rojas, Cynthia Ann Rojas,
5 Chrstina Montecino, Gabriel Rojas, and Anita Rojas (“Counterclaimants”) filed a second
6 amended counterclaim, naming Peerless Insurance Company (“Peerless”). Doc 49. On March 11,
7 2016, the Court entered a stipulated judgment resolving all claims involving Nationwide. Doc.
8 78. On September 19, 2016, Plaintiff filed a notice of settlement. Doc. 150. On November 10,
9 2016, Peerless and Counterclaimants filed a joint notice of dismissal of the remaining claims in
10 this action with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Doc. 108.
11 According to Federal Rule of Civil Procedure 41(a)(1)(B), such notice operates as a dismissal
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IT IS HEREBY ORDERED that this action is DISMISSED with prejudice. The Clerk of

14 the Court is respectfully directed to close this case.
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IT IS SO ORDERED.

17 Dated: November 14, 2016

SENIOR DISTRICT JUDGE

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