Acosta v. Aquayo et al

Filing 45

ORDER RE Request for DISMISSAL of Entire Action signed by Chief Judge Lawrence J. O'Neill on 12/13/2019. CASE CLOSED. (Sant Agata, S)

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Tanya E. Moore, SBN 206683
MOORE LAW FIRM, P.C.
332 North Second Street
San Jose, California 95112
Telephone [phone]
Facsimile [phone]
Email: [e-mail]
Attorney for Plaintiff,
Jose Acosta

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE ACOSTA,

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Plaintiff,
vs.

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MARIA DE JESUS AQUAYO; JOSE A.
CHAVIRA;
Defendants.

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No. 1:17-cv-01047-LJO-BAM
REQUEST FOR DISMISSAL OF ENTIRE
ACTION [FED. R. CIV. P. 41(A)(2)];
[PROPOSED] ORDER

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WHEREAS, Plaintiff, Jose Acosta (“Plaintiff”), wishes to dismiss Defendants Maria De

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Jesus Aquayo and Jose A. Chavira (“Defendants”) from the above-captioned action pursuant to

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settlement with Defendants;

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WHEREAS, Plaintiff received the fully-executed settlement agreement signed by
Defendants, on September 6, 2019;

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WHEREAS, Plaintiff has been unable in numerous attempts to obtain a signed joint

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stipulation to dismiss the entire action from Defendants since September 2019, pursuant to

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Federal Rule of Civil Procedure 41(a)(1)(A)(ii);

REQUEST FOR DISMISSAL OF ENTIRE ACTION [FED. R. CIV. P. 41(A)(2)]; [PROPOSED] ORDER

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WHEREAS, no cross-claim, counter-claim or third-party claim has been filed in this
action;

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NOW, THEREFORE, Plaintiff hereby respectfully requests pursuant to Federal Rule of

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Civil Procedure 41(a)(2), the above-captioned action be dismissed with prejudice in its entirety.

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Each party is to bear its own attorneys’ fees and costs.

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Date: December 6, 2019

MOORE LAW FIRM, P.C.

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/s/ Tanya E. Moore
Tanya E. Moore
Attorney for Plaintiff,
Jose Acosta

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ORDER

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Pursuant to the request of Plaintiff, Jose Acosta, and no cross-claim, counter-claim or
third-party claim having been filed,
IT IS HEREBY ORDERED that this action be dismissed with prejudice in its entirety.
Each party shall bear its own attorney’s fees and costs.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

December 13, 2019

UNITED STATES CHIEF DISTRICT JUDGE
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REQUEST FOR DISMISSAL OF ENTIRE ACTION [FED. R. CIV. P. 41(A)(2)]; [PROPOSED] ORDER

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