Toste, et al. v. Gottfried, et al.

Filing 15

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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