Brooks et al v. Darling International, Inc.

Filing 82

ORDER DIRECTING the Clerk of the Court to Close This Case, signed by Magistrate Judge Erica P. Grosjean on 9/21/17. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DONNA CONROE, et al.,

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Plaintiffs

Case No. 1:14-cv-01128-DAD-EPG
ORDER DIRECTING THE CLERK OF
THE COURT TO CLOSE THIS CASE

v.
(ECF No. 81)
DARLING INTERNATIONAL, INC., et
al.,
Defendants.
Plaintiffs Kimberly Tapscott-Munson, Linda Brooks, Donald Brooks, Allen Conroe, and,

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Donna Conroe filed a First Amended Complaint on August 13, 2014. (ECF No. 20). Although he

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was listed in the original Complaint, Plaintiff Darryl Munson was removed as a named Plaintiff

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upon the filing of the First Amended Complaint. (Id.)

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By stipulation dated September 18, 2015, Plaintiffs Linda Brooks and Donald Brooks
dismissed their claims against Defendant Darling International, Inc. (ECF No. 43).
On September 20, 2017, Plaintiffs Donna Conroe, Allen Conroe, and Kimberly Tapscott-

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Munson and Defendant Darling International, Inc. filed a stipulation for voluntary dismissal.

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(ECF No. 81). Thus, Plaintiffs Donna Conroe, Allen Conroe, and Kimberly Tapscott-Munson

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claims against Defendant Darling International, Inc. have been dismissed with prejudice, see Fed.

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R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), and

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dismissed without prejudice. Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“Even if the

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defendant has filed a motion to dismiss, the plaintiff may terminate his action voluntarily by filing

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a notice of dismissal under Rule 41(a)(1).”).
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As of the September 20, 2017 dismissal, all Plaintiffs and all claims against Defendant
Darling International, Inc. have been dismissed.
Accordingly, the Clerk of the Court is DIRECTED to CLOSE this case.

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IT IS SO ORDERED.
Dated:

September 21, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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