Garza v. Laborer's International Union of North America, Local 121

Filing 8

ORDER: Granting Motion to Dismiss 5 . This action is dismissed with prejudice and without costs to either party. Signed on 5/27/2014 by Magistrate Judge Thomas M. Coffin. (plb)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON CATARINA GARZA, 6: 14-cv-518-TC Plaintiff, ORDER v. LABORER'S INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 121, Defendant. COFFIN, Magistrate Judge: Pro se plaintiff, Catarina Garza, initiated this in the Small Claims Department in the Circuit Court of the State of Oregon for Lane County on or about March 3, 2014. Plaintiff alleges that defendant, Laborer's International Union Local121, failed to appropriately process her grievance against her former employer for failure to pay for work performed. Defendant removed the action to this court on March 31,2014. Plaintiff now "would like to file a Motion to Dismiss [and] is pleading that [her] Motion to Dismiss Charges is granted and that each party take their losses and we can all put this behind us." (ECF #5). Defendant responds that it does not object to dismissal so long as dismissal is with prejudice. In her reply, plaintiff states that it is her "interpretation the defendant accepts/agrees to Page 1 - ORDER my Motion to Dismiss Charges and we each take our losses." (ECF #7). Accordingly, the motion to dismiss with prejudice is granted. CONCLUSION For the reasons stated above, plaintiffs motion to dismiss (#5) is granted. This action is dismissed with prejudice and without costs to either party. DATED this l::]_ day ofMay, 2014. Page 2 - ORDER

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