MCFADYEN et al v. DUKE UNIVERSITY et al
Filing
423
MOTION to Dismiss by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (SPARKS, STEFANIE)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
CIVIL ACTION NO. 1:07-CV-00953
)
RYAN MCFADYEN, et al.,
)
)
Plaintiffs, )
)
v.
)
)
)
DUKE UNIVERSITY, et al.,
)
)
Defendants. )
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PLAINTIFFS' MOTION TO DISMISS
NOW COME Plaintiffs, herein by and through their attorneys, and pursuant to
Federal Rule of Civil Procedure 41(a), respectfully move the Court to enter an order of
dismissal, dismissing this action with prejudice as to all claims brought against Defendant
the City of Durham, North Carolina (the "City"). Plaintiffs request that the order of
dismissal state that Plaintiffs and the City shall each bear his or its own costs, attorneys'
fees, disbursements, and expenses of any kind.
IN SUPPORT OF THIS MOTION, Plaintiffs respectfully show the Court the
following:
1.
The Forty-First Cause of Action ("Count 41") set forth in Plaintiffs' Second
Amended Complaint is the only claim still pending in this litigation.
2.
Count 41 is asserted solely against the City, and the City is the only
defendant remaining in this litigation.
3.
Plaintiffs do not intend to pursue Count 41 and respectfully request that it
be dismissed.
4.
The City does not oppose this motion or the dismissal of this action with
each party bearing his or its own costs, attorneys' fees, disbursements, and expenses of
any kind.
WHEREFORE, Plaintiffs respectfully pray that this action be dismissed with
prejudice, with each party bearing his or its own costs, attorneys' fees, disbursements, and
expenses of any kind.
This the 22nd day of June, 2014.
EKSTRAND & EKSTRAND, LLP
/s/ Robert C. Ekstrand
By: /s/ Stefanie Sparks Smith
Robert C. Ekstrand
North Carolina State Bar No. 26673
Stefanie Sparks Smith
North Carolina State Bar No. 42345
110 Swift Avenue, Second Floor
Durham, North Carolina 27705
Telephone: (919) 416-4500
Fax: (919) 416-4591
E-mail: rce@ninthstreetlaw.com
E-mail: sas@ninthstreetlaw.com
Counsel for Plaintiffs
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CERTIFICATE OF ELECTRONIC FILING AND SERVICE
The undersigned hereby certifies that, pursuant to Rule 5 of the Federal Rules of
Civil Procedure and LR5.3 and LR5.4, MDNC, the foregoing motion has been
electronically filed with the Clerk of Court using the CM/ECF system, which system will
automatically generate and send a Notice of Electronic Filing (NEF) to the undersigned
filing user and registered users of record, and that the Court’s electronic records show
that each party to this action is represented by at least one registered user of record (or
that the party is a registered user of record), to each of whom the NEF will be
transmitted.
This the 22nd day of June, 2014.
EKSTRAND & EKSTRAND, LLP
By: /s/ Stefanie Sparks Smith
Stefanie Sparks Smith
North Carolina State Bar No. 42345
110 Swift Avenue, Second Floor
Durham, North Carolina 27705
Telephone: (919) 416-4500
Fax: (919) 416-4591
E-mail: sas@ninthstreetlaw.com
Counsel for Plaintiffs
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