Kielty et al v. Midland Credit Management, Inc.

Filing 20

ORDER Granting 19 Plaintiffs' Motion for Entry of Judgment. The Clerk of Court is hereby directed to enter judgment in favor of Defendant. Signed by Judge Cynthia Bashant on 11/6/15. (dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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PATRICIA KIELTY, ET AL.,
Plaintiffs,

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Case No. 14-cv-00541-BAS(BGS)
ORDER GRANTING
PLAINTIFFS’ MOTION FOR
ENTRY OF JUDGMENT

v.

(ECF No. 19)

MIDLAND CREDIT
MANAGEMENT, INC.,
Defendant.

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On January 28, 2015, this Court entered an Order granting Defendant’s motion

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to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) with leave to amend.

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(ECF No. 16.) Plaintiffs have now filed a notice with the Court of their intent not to

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amend, requesting that judgment be entered to allow the option of an appeal. (ECF

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No. 19.)

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When a party files in writing a notice of intent not to file an amended

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complaint, the district court may enter a final order of dismissal, allowing the plaintiff

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the opportunity to appeal. WMX Technologies, Inc. v. Miller, 104 F.3d 1133, 1135

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(9th Cir. 1997) (en banc). Accordingly, this Court GRANTS Plaintiffs’ motion and
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dismisses this action with prejudice. The Clerk of Court is hereby directed to enter

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judgment in favor of Defendant.

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IT IS SO ORDERED.

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DATED: November 6, 2015

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