Weberg v. United States of America et al

Filing 76

ORDER: Denying as Moot 57 Motion for Summary Judgment; Denying as Moot 68 Motion for Partial Summary Judgment; Granting 72 Joint Motion to Dismiss Certain Defendants; Granting 75 Joint Motion to Dismiss Hugo Leon. The Court orders Defendants Ronald Findley, James Williams, Jose Petris,Antonio Arellano and Hugo Leon are Dismissed with Prejudice. All remaining hearing dates and deadlines for the above-captioned action are Vacated. The remaining parties shall file a joint motion to dismiss within ninety days of this Order. If a request for dismissal is not filed, the vacated deadlines shall be reset. Signed by Judge Michael M. Anello on 10/5/2011. (All non-registered users served via U.S. Mail Service)(leh)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 SOUTHERN DISTRICT OF CALIFORNIA 8 9 KENNETH WEBERG, 10 CASE NO. 09cv0277-MMA(BGS) Plaintiff, ORDER: 11 GRANTING JOINT MOTION FOR DISMISSAL OF CERTAIN DEFENDANTS WITH PREJUDICE; 12 13 [Doc. No. 72] 14 GRANTING JOINT MOTION FOR DISMISSAL OF HUGO LEON WITH PREJUDICE; vs. 15 16 [Doc No. 75] 17 DENYING DEFENDANT ANTONIO ARELLANO’S MOTION FOR PARTIAL SUMMARY JUDGMENT AS MOOT; 18 19 20 21 THE UNITED STATES OF AMERICA, et al., [Doc. No. 68] 23 DENYING DEFENDANT HUGO LEON’S MOTION FOR SUMMARY JUDGMENT AS MOOT; 24 [Doc. No. 57] 25 VACATING ALL HEARING DATES AND DEADLINES Defendant. 22 26 /// 27 /// 28 -1- 09cv0277-MMA(BGS) 1 On October 3, 2011, Plaintiff Kenneth Weberg and Defendants United States, Ronald 2 Findley, James Williams, Jose Petris, Antonio Arellano, and Hugo Leon (collectively, the 3 “parties”) filed a notice of voluntary dismissal of certain defendants pursuant to Federal Rule of 4 Civil Procedure 41(a)(1), requesting the Court to dismiss Defendants Ronald Findley, James 5 Williams, Jose Petris and Antonio Arellano, with prejudice. [Doc. No. 72.] On the same day, 6 Defendant United States filed a notice of settlement, and requested the Court vacate all remaining 7 dates on the Court’s calendar to allow the parties ninety days to file dispositional documents. [Doc 8 No. 73.] On October 4, the parties also filed a joint motion to dismiss Hugo Leon with prejudice, 9 pursuant to Federal Rule of Civil Procedure 41(a)(1). [Doc. No. 75.] The parties’ joint motions 10 affect Defendants Hugo Leon’s and Antonio Arellano’s motions for summary judgment, filed on 11 August 24, 2011 and September 9, 2011, respectively. 12 Having considered the parties’ joint motions, and good cause appearing, the Court hereby 13 GRANTS (1) the parties’ joint motion for dismissal of Defendants Ronald Findley, James 14 Williams, Jose Petris and Antonio Arellano [Doc No. 72], and (2) the parties’ joint motion for 15 dismissal of Hugo Leon. [Doc. No. 75.] Accordingly, the Court ORDERS as follows: 16 17 1. Antonio Arellano and Hugo Leon is DISMISSED WITH PREJUDICE. 18 19 2. Defendant Hugo Leon’s motion for summary judgment [Doc. No. 57] is DENIED AS MOOT. 20 21 Plaintiff’s action against Defendants Ronald Findley, James Williams, Jose Petris, 3. Defendant Antonio Arellano’s motion for partial summary judgment [Doc. No. 68] is DENIED AS MOOT. 22 4. All remaining hearing dates and deadlines for the above-captioned action are 23 VACATED. The remaining parties shall file a joint motion to dismiss within ninety days of this 24 Order. If a request for dismissal is not filed, the vacated deadlines shall be reset. 25 /// 26 /// 27 /// 28 -2- 09cv0277-MMA(BGS) 1 IT IS SO ORDERED. 2 DATED: October 5, 2011 3 4 5 Hon. Michael M. Anello United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- 09cv0277-MMA(BGS)

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