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