Toste, et al. v. Gottfried, et al.
Filing
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ORDER DISMISSING, without prejudice, defendant Gelco Corporation from this action. Plaintiffs' claims for punitive damages are STRICKEN from plaintiffs' complaint. Order signed by Magistrate Judge Sandra M. Snyder on 6/24/2015. (Rooney, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CYNTHIA TOSTE, an individual, MEA
COLE, a minor, through her Guardian Ad
Litem, JENNIFER TOSTE, and JENNIFER
TOSTE, an individual,
v.
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BLAZE MICHAEL GOTTFRIED, an
individual; GELCO CORPORATION, a
Delaware corporation, APRIA
HEALTHCARE, LLC, a limited liability
corporation, and DOES 1 through 50,
inclusive,
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ORDER DISMISSING DEFENDANT
GELCO CORPORATION AND STRIKING
PUNITIVE DAMAGES CLAIM
Plaintiff,
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CASE NO. 1:15-CV-775 - SMS
Defendants.
Pursuant to Plaintiffs’ voluntary dismissal of Defendant Gelco Corporation and voluntary
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dismissal of their claims for punitive damages against the remaining defendants (Doc. 10), and
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pursuant to the Federal Rules of Civil Procedure Rules 41(a) and 12(b), the Court hereby
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ORDERS:
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1. Defendant Gelco Corporation is DISMISSED without prejudice from this action; and
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2. Plaintiffs’ claims for punitive damages are STRICKEN from Plaintiffs’ complaint.
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IT IS SO ORDERED.
Dated:
June 24, 2015
/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE
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