Thomas v. Veolia Transportation Services, Inc. et al

Filing 60

ORDER Granting 58 Motion to Dismiss with prejudice. Signed by Judge Jennifer A. Dorsey on 12/19/2014. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Suncearay Thomas,

Case No.: 2:12-cv-977-JAD-PAL

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Plaintiff,

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v.

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Veolia Trasnportation Services, Inc., et al.,

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Order Granting Request for
Dismissal with Prejudice [Doc. 58]

Defendants.

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The parties recently agreed to settle all claims in this FMLA action, and on December
8, 2014, plaintiff received an executed settlement agreement from defendants. Doc. 58-1 at
1-2. Unfortunately, the agreement lacked a necessary attachment; and so plaintiff requested
voluntary dismissal of the action with prejudice, upon receipt of the missing document. Doc.
58 at 1-2. On December 17, 2014, plaintiff notified the court that “The contingency . . . has
been met.” Doc. 59 at 1.
Federal Rule of Civil Procedure 41(a)(2) provides that where, as here, a defendant has
answered or moved for summary judgment, “an action may be dismissed at the plaintiff’s
request only be court order, on terms the court considers proper. . . . Unless the order states
otherwise, a dismissal under this paragraph . . . is without prejudice.”
Plaintiff has requested dismissal with prejudice, and represents that the parties have
settled all disputes between them. Doc. 58. The settlement agreement attached to plaintiff’s
motion provides that “Plaintiff agrees to dismiss [this lawsuit] by authorizing her attorney . . .
to file with the District Court a Stipulation for Voluntary Dismissal With Prejudice . . . .”
Doc. 58-1 at 8. Based on plaintiff’s motion, the settlement agreement, and the subsequent
notification to the court, I find good cause to grant plaintiff’s request to dismiss this action
with prejudice.

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Accordingly, it is HEREBY ORDERED that plaintiff’s Request for Dismissal with
Prejudice [Doc. 58] is GRANTED. This case is dismissed with prejudice.

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The clerk of court is instructed to enter judgment accordingly and close this case.

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DATED: December 19, 2014

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_________________________________
Jennifer A. Dorsey
United States District Judge

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