Sharp et al v. Soest et al

Filing 67

ORDER DISCHARGING the Order to Show Cause Dated June 8, 2016 65 ; ORDER GRANTING 66 the Motion to Dismiss the Cross-Claims of Defendant Ernest Dean Soest Against Kenneth Donald Munn and Air Bravo Cargo 66 , signed by Magistrate Judge Jennifer L. Thurston on 6/28/2016. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JOHN SHARP, et al.,

12
13
14
15
16

Plaintiffs,
v.
ERNEST DEAN SOEST, et al.,
Defendant.
AND RELATED ACTIONS

)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:15-cv-1162 - JLT
ORDER DISCHARGING THE ORDER TO SHOW
CAUSE DATED JUNE 8, 2016 (Doc. 65)
ORDER GRANTING THE MOTION TO DISMISS
THE CROSS-CLAIMS OF DEFENDANT ENES
DEAN SOEST AGAINST KENNETH DONALD
MUNN AND AIR BRAVO CARGO (Doc.66)

17
18

At a conference with the parties on May 20, 2016, the Court was informed that Defendant

19

Earnest Soest intended to dismiss the cross-complaint against Bravo Air Cargo. Accordingly, the

20

Court ordered Defendant Ernest Soest to “file his notice of voluntary dismissal (or stipulation to

21

dismiss) under Fed.R.Civ.P. 41(a), as to cross-defendant Bravo Air Cargo no later than June 3, 2016.”

22

(Doc. 64 at 1, emphasis omitted)

23

After Mr. Soest failed to comply with the deadline, the Court issued an order to show cause

24

why the cross- claims should not be dismissed. (Doc. 65) Mr. Soest filed a timely response to the

25

order, requesting dismissal of the cross-claims against Kenneth Donald Munn with prejudice, and

26

against Air Bravo Cargo without prejudice. (Doc. 66)

27

Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, the Court may dismiss a claim

28

upon the request of a party. However, a voluntary dismissal under Rule 41(a)(1)(A)(i) must be made
1

1

before a responsive pleading is served. Any other dismissal may only be made upon a request of the

2

parties to the court, and “on terms that the court considers proper.” Fed. R. Civ. P. 41(a)(2). Because

3

the parties previously discussed the cross-claims during a status conference with the Court, the Court

4

finds the dismissal of the claims requested by Soest are appropriate.

5

Accordingly, IT IS HEREBY ORDERED:

6

1.

The Order to Show Cause dated June 8, 2016 (Doc. 65) is DISCHARGED;

7

2.

Defendant Ernset Dean Soest’s motion to dismiss (Doc. 66) is GRANTED;

8

3.

The cross-claims against Kennenth Donald Munn are DISMISSED WITH
PREJUDICE; and

9
10

4.

The cross-claims against Air Bravo Cargo are DISMISSED WITHOUT PREJUDICE.

11
12
13
14

IT IS SO ORDERED.
Dated:

June 28, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2