Smart, et al. v. United States of America

Filing 32

ORDER by District Judge Kenneth J. Gonzales granting 31 Motion to Dismiss. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JOLENE SMART, as Personal Representative of
the Estate of Michele Fowner, Decedent,
Plaintiff,
vs.

No. 1:16-cv-01251-KG-WPL

THE UNITED STATES OF AMERICA,
Defendant.

ORDER OF DISMISSAL
On this date came on to be heard Plaintiff’s Motion for Dismissal of Defendant, The United
States of America, in the above-entitled and numbered case. It appears that said Motion should be
granted.
IT IS THEREFORE ORDERED, ADJUDGED and DECREED that the above matter be
and the same is hereby dismissed without prejudice as to Plaintiff’s claims against Defendant. It
is further ORDERED, ADJUDGED and DECREED that each party shall bear its own court costs.

UNITED STATES DISTRICT JUDGE
AGREED AS TO FORM AND CONTENT:

/s/ David Duhigg______________________
David Duhigg
Attorney for Plaintiff
Approved via email – 6/15/17
Erin Langenwalter
Attorney for Defendant