Smith, Jr. v. City of Holyoke et al

Filing 137

Chief Judge F. Dennis Saylor, IV: ORDER entered. ORDER OF DISMISSAL AND PARTIAL ENTRY OF JUDGMENT (Halley, Taylor)

Case 3:17-cv-30078-FDS Document 137 Filed 09/20/21 Page 1 of 2

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
_______________________________________
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JOHN J. SMITH, JR.,
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Plaintiff,
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v.
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THE CITY OF HOLYOKE,
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JAMES PARNELL, CRYSTAL MANZI,
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SAMUEL DEL VALLE, and
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THIAGO A. MIRANDA,
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Defendants.
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_______________________________________)

Civil Action No.
17-30078-FDS

ORDER OF DISMISSAL AND PARTIAL ENTRY OF JUDGMENT
SAYLOR, C.J.
On August 18, 2021, plaintiff John J. Smith, Jr. and defendants the City of Holyoke,
Officers James Parnell, Crystal Manzi, and Samuel Del Valle stipulated to the dismissal with
prejudice of plaintiff’s claims asserted in all counts of this action against them.
On August 24, 2021, plaintiff Smith, and defendants the City of Holyoke, and Officers
Parnell, Manzi, and Del Valle moved the Court for entry of an order of dismissal with prejudice
and for a final judgment of dismissal in accordance with that stipulation. Defendant Thiago
Miranda, the only other party to this action, does not oppose the motion.
Under Federal Rule of Civil Procedure 54(b), “when an action presents more than one
claim for relief . . . or when multiple parties are involved, the court may direct entry of a final
judgment as to one or more, but fewer than all, claims or parties [] if the court expressly
determines that there is no just reason for delay.” Under Federal Rule of Civil Procedure

Case 3:17-cv-30078-FDS Document 137 Filed 09/20/21 Page 2 of 2

41(a)(2), “an action may be dismissed at the plaintiff’s request [] by court order, on terms that
the court considers proper.”
In accordance with the stipulation and joint motion, the Court hereby orders as follows:
1. The mater is dismissed with prejudice pursuant to Rule 41(a)(2) as to defendants
the City of Holyoke, Officers James Parnell, Crystal Manzi, and Samuel Del
Valle.
2. The Court finds that there is no just reason for delay, and directs entry of a final
judgment of dismissal pursuant to Rule 54(b) in accordance with the joint motion
and stipulation.
3. The joint motion for entry of an order of dismissal with prejudice and for a final
judgment of dismissal is hereby GRANTED.
So Ordered.

Dated: September 20, 2021

/s/ F. Dennis Saylor IV
F. Dennis Saylor IV
Chief Judge, United States District Court