Rathnayake v. Farmers Insurance Exchange

Filing 41

ORDER Granting 40 Defendant's Unopposed Motion for Dismissal with Prejudice and Entry of Final Judgment. The Clerk of Court is instructed to close this case. Signed by Judge Jennifer A. Dorsey on 9/17/2014. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Gowry Rathnayake,
Case No.: 2-13-cv-765-JAD-GWF
Plaintiff,
v.

Order Granting Defendant’s
Unopposed Motion for Dismissal with
Prejudice [Doc. 40]

Farmers Insurance Exchange,
Defendant.

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On August 11, 2014, this Court granted Defendant’s motion for judgment on the pleadings

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and dismissed all of plaintiffs’ claims with leave to amend by September 2, 2014. Doc. 38. The

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Court cautioned, ”should plaintiff not file a motion for leave to amend by the deadline, this action

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will be dismissed with prejudice without further prior notice.” Id. at 6-7.

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Plaintiff did not seek to amend. On September 9, 2014, Defendant filed an Unopposed

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Motion for Dismissal with Prejudice and Entry of Final Judgment. Doc. 40. Defendant represents

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that it will not seek its fees or costs if dismissal with prejudice is granted. Id. at 2.

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Good cause appearing, IT IS HEREBY ORDERED that Defendant’s motion (Doc. 40) is

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GRANTED. This action is dismissed with prejudice, each side to bear its own fees and costs. The

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Clerk of Court is instructed to close this case.

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DATED: September 17, 2014.

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_________________________________
_______________________
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JENNIFER A. DORSEY
ENNIFER DORSEY
N
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R Y
UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRIC
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ST