Benson et al v. Barry

Filing 67

ORDER AFFIRMING REPORT AND RECOMMENDATION of Dismissal of Plaintiffs' Action. In light of Plaintiffs' continued inaction, the Court agrees with Judge Battaglia's recommended disposition. Therefore, the Court orders: (1) The The Report and Recommendation filed on January 31, 2011 is adopted as the decision of this Court; (2) The case is dismissed with prejudice. Signed by Judge Barry Ted Moskowitz on 3/14/2011.(All non-registered users served via U.S. Mail Service)(jer)

-BLM Benson et al v. Barry

Doc. 67

1 2 3 4 5 6 7 8 9 10 11 v. 12 13 14 15 Battaglia recommends that this case be dismissed with prejudice. The case was previously 16 settled, with a settlement agreement signed and consideration paid. Judge Battaglia notes 17 that Plaintiffs have repeatedly failed to appear at required hearings and "having received 18 settlement consideration, are no longer attending to the requirements of the Court with 19 regard to this case." Plaintiffs did not file any objection to this report and recommendation. 20 In light of Plaintiffs' continued inaction, the Court agrees with Judge Battaglia's 21 recommended disposition. Therefore, the Court orders: 22 1. 23 the decision of this Court. 24 2. 25 26 27 28 Honorable Barry Ted Moskowitz United States District Judge 1
08cv1186-BTM (AJB)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

CARL BENSON, et al., Plaintiffs, JERIMIAH BARRY, et al., Defendants.

Case No. 08cv1186-BTM (AJB) ORDER AFFIRMING REPORT AND RECOMMENDATION OF DISMISSAL OF PLAINTIFFS' ACTION

In a Report and Recommendation filed on January 31, 2011, Magistrate Judge

The Report and Recommendation filed on January 31, 2011 is ADOPTED as

The case is DISMISSED with prejudice.

IT IS SO ORDERED. DATED: March 14, 2011

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