Cuadra v. George Brown Sports Club-Palm, Inc. et al

Filing 63

ORDER on First Amended Stipulation to Dismiss, without Prejudice, William McKeand from the Third-Party Complaint of Johnston Contractors, Inc., signed by Magistrate Judge Erica P. Grosjean on 07/19/2018. William McKeand terminated. (Flores, E)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 20 21 ORDER ON FIRST AMENDED STIPULATION TO DISMISS, WITHOUT PREJUDICE, WILLIAM MCKEAND FROM THE THIRDPARTY COMPLAINT OF JOHNSTON CONTRACTING, INC. Plaintiff, v. GEORGE BROWN SPORTS CLUB-PALM, INC.; GEORGE BROWN SPORTS CLUB, INC.; JOHNSTON CONTRACTING, INC.; and DOES 1 to 100, inclusive, (ECF No. 62) Defendants. JOHNSTON CONTRACTING, INC., a California Corporation, 18 19 CASE NO.: 1:17-cv-01063-DAD-EPG MARIO CUADRA, Third-Party Plaintiff, v. WILLIAM MCKEAND dba TEC SPEC; WCM, INC. dba TEC SPEC, a California corporation and ROES 1 to 50, inclusive, 22 23 Third-Party Defendants. 24 25 26 On July 19, 2018, the parties filed a First Amended Stipulation to Dismiss, Without 27 Prejudice, William McKeand from the Third-Party Complaint of Johnston Contracting, INC. 28 (ECF No. 67). The Stipulation was signed by all the parties: Defendant/Third-Party Plaintiff 1 1 Johnston Contracting, Inc., Third-Party Defendants William McKeand and WCM, Inc. dba Tec 2 Spec, Plaintiff Mario Cuadra, Defendants George Brown Sports Club, Inc. and George Brown 3 Sports Club Palm, Inc., Third-Party Defendant/Cross-Claim Defendant/Cross-Claim Plaintiff 4 American Specialties, Inc., and Third-Party Defendant/Cross-Claim Plaintiff/Cross-Claim 5 Defendant Kenneth Clark dba Clark Installation. Accordingly, Third-Party William McKeand 6 dba Tec Spec is dismissed from the Third-Party Complaint of Johnston Contracting, INC. without 7 prejudice. See Fed. R. Civ. P. 41(a)(1); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 8 1997); Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995). 9 10 11 IT IS SO ORDERED. Dated: July 19, 2018 /s/ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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