Waite v. Church of Jesus Christ, Latterday Saints et al

Filing 90

ORDER Granting 87 Joint Motion for Dismissal of Church of Jesus Christ of Latter-Day Saints. All other Defendants to remain as defendants in case. Signed by Judge Edward F. Shea. (CV, Case Administrator)

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Waite v. Church of Jesus Christ, Latterday Saints et al Doc. 90 Case 2:05-cv-00399-EFS Document 90 Filed 04/20/2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Before the Court, without oral argument, is the parties' Joint Motion for Dismissal of Church of Jesus Christ of Latter-Day Saints (Ct. Rec. 87). After reviewing the parties' Agreed Facts and Stipulation, the Court finds good cause grant the motion. ORDERED: 1. The Joint Motion for Dismissal of Church of Jesus Christ of Accordingly, IT IS HEREBY v. CHURCH OF JESUS CHRIST, LATTER-DAY SAINTS d/b/a Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, a Utah corporation, d/b/a Corporation of the President of the Church of Jesus Christ of Latter Day Saints, a Utah Corporation; DONALD C. FOSSUM, and STEVEN D. BRODHEAD, Defendants. ORDER GRANTING JOINT MOTION FOR DISMISSAL OF CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS THOMAS A. WAITE, Plaintiff, NO. CV-05-0399-EFS UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON Latter-Day Saints (Ct. Rec. 87) is GRANTED. 1 Dockets.Justia.com Case 2:05-cv-00399-EFS Document 90 Filed 04/20/2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2. The Church of Jesus Christ of Latter-Day Saints is dismissed from this action with prejudice and without costs to any party. 3. Dismissal of The Church of Jesus Christ of Latter-Day Saints does not impact any claim or cause of action plead in the Complaint and both Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints ("CPB") and Corporation of the President of the Church of Jesus Christ of Latter Day Saints ("COP") will remain as Defendants in the case. 4. The caption is hereby AMENDED to reflect the dismissal of the Church of Jesus Christ of Latter-Day Saints and the continuance of the lawsuit against Defendants CPB and COP (remove d/b/a labels). 5. CPB and COP, either or both, will be vicariously liable for any negligence attributed to defendant Donald Fossum under the doctrine of respondeat superior. IT IS SO ORDERED. The District Court Executive is directed to enter this Order and provide copies to counsel. DATED this 19th day of April 2007. S/ Edward F. Shea EDWARD F. SHEA United States District Judge Q:\Civil\2005\0399.joint.stip.lds.wpd 23 24 25 26 2

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