Livers v. Schenck et al

Filing 743

ORDER AND JUDGMENT OF DISMISSAL granting #742 Motion to Dismiss. The plaintiff's claims against defendants Lambert and O'Callaghan are hereby dismissed, with prejudice, each party to pay his own costs. Ordered by United States District Judge Joseph F. Bataillon. (KMG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MATTHEW LIVERS,
Plaintiff,

8:08CV107

v.
WILLIAM LAMBERT, Nebraska State
Patrol Investigator; CHARLES
O'CALLAGHAN, Nebraska State Patrol
Investigator; and DAVID KOFOED,
Commander of the Douglas County
Sheriff's Office Crime Scene Investigation
Division;

ORDER AND
JUDGMENT OF DISMISSAL

Defendants.

This matter is before the court on the plaintiff’s motion to dismiss defendants
William Lambert and Charles O’Callaghan, Filing No. 742. Under the Federal Rules, an
action may be dismissed at the plaintiff’s request by court order on terms that the court
considers proper. Fed. R. Civ. P. 41(a)(2).
The plaintiff has shown he entered into a settlement agreement with defendants
Lambert and O'Callaghan and those defendants have satisfied their obligations under
the agreement. Accordingly, the court finds the plaintiff’s claims against defendants
Lambert and O'Callaghan should be dismissed with prejudice.
IT IS ORDERED that the plaintiff’s claims against defendants Lambert and
O’Callaghan are hereby dismissed, with prejudice, each party to pay his own costs.
Dated this 14th day of July, 2014.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge