Furby et al v. Lang et al

Filing 42

ORDER OF DISMISSAL granting Notice of Case Dismissal 35 and denying as moot Motion to Dismiss 37 in case 4:10-cv-03063-LSC-FG3; granting Notice of Case Dismissal 26 and denying as moot Motion to Dismiss 27 in case 4:10- cv-03192-LSC-FG3. IT IS ORDERED: The Plaintiffs' Notices of Dismissal, construed as motions to dismiss (Filing No. 26 in Case No. 4:10cv3192 and Filing No. 35 in Case No. 4:10cv3063) are granted; The above-captioned actions are dismissed without prejudice, the parties to bear their own costs and attorney fees; and All other pending motions are denied as moot. Member Cases: 4:10-cv-03063-LSC-FG3, 4:10-cv-03192-LSC-FG3 Ordered by Judge Laurie Smith Camp. (TEL)

-FG3 Furby et al v. Lang et al

Doc. 42

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA STEPHEN E. FURBY and REBECCA S. WOITA, on behalf of themselves and on behalf of those similarly situated, Plaintiffs, v. CATHERINE D. LANG, Commissioner of Labor for the Nebraska Department of Labor, in her official capacity, Defendant. LARRY D. MULLIGAN, BETTY E. SHRADER, DONALD D. HASSE, ALLAN W. AMSBERRY, and HAROLD R. BURTON, on behalf of themselves and on behalf of those similarly situated, Plaintiffs, v. CATHERINE D. LANG, Commissioner of Labor for the Nebraska Department of Labor, in her official capacity, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 4:10CV3063

ORDER OF DISMISSAL

CASE NO. 4:10CV3192

ORDER OF DISMISSAL

This matter is before the Court on the Plaintiffs' Notices of Dismissal (Filing No. 26 in Case No. 4:10cv3192 and Filing No. 35 in Case No. 4:10cv3063) in which the Plaintiffs seek to dismiss their actions, without prejudice. The filing of the Notices of Dismissal was followed by the Defendant's renewal of her Motions to Dismiss the Plaintiffs' actions, with prejudice (Filing No. 27 in Case No. 4:10cv3192 and Filing No. 37 in Case No. 4:10cv3063). On March 31, 2011, the Defendant responded to the Notices of Dismissal, noting that she "does not contest, nor stipulate to, said motions to dismiss by Plaintiffs."

Dockets.Justia.com

(Filing No. 41 in Case No. 4:10cv3063 and Filing No. 30 in Case No. 4:10cv3192). Accordingly, pursuant to Fed. R. Civ. P. 41(a)(2), the Court will dismiss the Plaintiffs' actions, without prejudice IT IS ORDERED: 1. The Plaintiffs' Notices of Dismissal, construed as motions to dismiss (Filing No. 26 in Case No. 4:10cv3192 and Filing No. 35 in Case No. 4:10cv3063) are granted; The above-captioned actions are dismissed without prejudice, the parties to bear their own costs and attorney fees; and All other pending motions are denied as moot.

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DATED this 1st day of April, 2011. BY THE COURT:

s/Laurie Smith Camp United States District Judge

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