Azpilcueta v. The State of Nevada, ex. rel. Transportation Authority et al

Filing 154

ORDERED that Ps' # 153 Motion for voluntary dismissal of all claims against Defendant Marcos Brito is GRANTED. The Clerk of Court shall enter judgment in accordance with this Order and the court's prior Orders (# 148 and # 149 ). Signed by Judge Larry R. Hicks on 1/4/2012. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***
)
DAIANA AZPILCUETA, individually and on )
behalf of CAL-NEVA TRANSPORT & TOW, )
INC., a Nevada corporation,
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Plaintiffs,
)
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v.
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JERALD L. HAFEN, individually and as
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Director of the Nevada Division of Public
)
Safety; TONY ALMAREZ, individually and as)
Chief of the Nevada Highway Patrol;
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CATHERINE CORTEZ MASTO, individually )
and as the Nevada Attorney General;
)
CHARLES TOLOTTI, in both his professional )
and individual capacity; DEAN BUELL, in
)
both his professional and individual capacity; )
JOHN MCGLAMERY, in both his
)
professional and individual capacity;
)
WILLIAM PROWSE, in both his professional )
and individual capacity; CITY OF CARSON )
CITY, a municipality of the State of Nevada; )
KEN FURLONG, individually and as Sheriff )
of Carson City; STEVEN SCHUETTE, in both )
his professional and individual capacity;
)
STEVE ALBERTSEN, in both his
)
professional and individual capacity; KEVIN )
MCCOY, in both his professional and
)
individual capacity; MARCOS BRITO, an
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individual; and DOE DEFENDANTS 1-50,
)
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Defendants.
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)
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3:09-CV-00593-LRH-VPC
ORDER

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Before the court is Plaintiffs’ motion to voluntarily dismiss all claims against Defendant

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Marcos Brito, pursuant to Federal Rule of Civil Procedure 41(a)(2). (Doc #153.) Brito has not

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appeared in this action, no action has been taken against Brito since entry of Clerk’s Default on

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January 29, 2010 (#64), and Plaintiffs represent they have chosen not to pursue a default judgment.

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Furthermore, all claims in this action have been adjudicated as to all defendants except Brito. On

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November 4, 2011, this court issued an Order (#148) granting in full State Defendants’ Motion to

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Dismiss. Furthermore, on November 8, 2011, this court issued an Order (#149) granting in full

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Carson City Defendants’ Motion for Summary Judgment.

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IT IS THEREFORE ORDERED that Plaintiffs’ motion for voluntary dismissal of all claims

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against Defendant Marcos Brito (#153) is GRANTED. The Clerk of Court shall enter judgment in

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accordance with this Order and the court’s prior Orders (#148 and #149).

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IT IS SO ORDERED.

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DATED this 4th day of January, 2012.

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__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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