J Schouten Construction Inc v. Federal Insurance Company

Filing 26

ORDER DISMISSING CASE, granting 25 Motion to Dismiss. Case is CLOSED. Signed by Senior Judge Robert H. Whaley. (LR, Case Administrator)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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UNITED STATES FOR THE USE
AND BENEFIT OF J. SCHOUTEN
CONSTRUCTION, INC., a
Colorado corporation,

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No. CV-12-589-RHW
ORDER DISMISSING CASE

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Plaintiff,

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v.

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FEDERAL INSURANCE
COMPANY, an Indiana corporation

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Defendant.

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Before the Court is Plaintiff’s Motion to Dismiss. ECF No. 25. Plaintiff

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represents that the parties have reached a settlement and as a part of that

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settlement, the pending matter should be dismissed with prejudice. Id. Pursuant to

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Fed. R. Civ. P. 41(a)(2)1, the Court should dismiss the matter if the Court considers

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the terms proper. Unless the defendant can show that it will suffer some clear legal

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prejudice, the Court should grant a motion to dismiss under Fed. R. Civ. P.

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41(a)(2). Smith v. Lenches, 263 F.3d 972, 975 (9th Cir. 2001). Here, Defendant has

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agreed to the dismissal and thus would suffer no legal prejudice. Therefore, the

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Court orders dismissal of the above-captioned case with prejudice.

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Accordingly, IT IS HEREBY ORDERED:

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The Court notes that Fed. R. Civ. P. 41(a)(1)(A)(i) would not require a Court
order for dismissal under these circumstances. Yet, because Plaintiff requested a
Court order, the Court applied Fed. R. Civ. P. 41(a)(2).
ORDER DISMISSING CASE ~ 1

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1. Plaintiff’s Motion to Dismiss, ECF No. 25 is GRANTED. Civil Case
No. 12-589-RHW is dismissed with prejudice.
IT IS SO ORDERED. The District Court Executive is directed to enter this
Order, provide copies to counsel, and close the file.
DATED this 19th day of December, 2014.

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s/Robert H. Whaley
ROBERT H. WHALEY
Senior United States District Judge

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ORDER DISMISSING CASE ~ 2