Board of Trustees of the Northwest Plumbing and Pipefitting Industry Health Welfare and Vacation Trust et al v. Day & Night Mechanical Heating & Cooling Inc et al

Filing 37

ORDER Granting (ECF No 36 ) Stipulated Motion to Dismiss: Defendants Blew's Construction Inc and Travelers Casualty and Surety Company of America are DISMISSED WITH PREJUDICE and without costs or fees to any party. Signed by Magistrate Judge John T. Rodgers. (LS, Courtroom Deputy)

1
2

UNITED STATES DISTRICT COURT

3

EASTERN DISTRICT OF WASHINGTON

4
BOARD OF TRUSTEES OF THE
NORTHWEST PLUMBING AND
6 PIPEFITTING INDUSTRY HEALTH
7 WELFARE AND VACATION
TRUST, et al.,
8
Plaintiffs,
9
5

10

No. CV-13-0173-JTR
ORDER GRANTING STIPULATED
MOTION TO DISMISS

v.

11
DAY & NIGHT MECHANICAL
HEATING & COOLING, INC., UBI
13 No. 603126019, a Washington
14 Corporation, et al.,
12

15

Defendants.

16
17

BEFORE THE COURT is the parties’ stipulated motion for voluntary

18

dismissal of Defendants Blew’s Construction, Inc., and Travelers Casualty and

19

Surety Company of America with prejudice and without costs. ECF No. 36.

20

Attorney Noelle E. Dwarzski represents Plaintiffs; Defendants Blew’s

21

construction, Inc., and Travelers Casualty and Surety Company of America are

22

represented by Richard Duncan Campbell. The parties have consented to proceed

23

before a magistrate judge. ECF No. 28.

24

After considering the file, and proposed order, IT IS ORDERED:

25

1.

The parties’ Stipulated Motion for Voluntary Dismissal of Defendants

26

Blew’s construction, Inc., and Travelers Casualty and Surety Company of America

27

with prejudice and without costs, ECF No. 36, is GRANTED.

28
ORDER GRANTING STIPULATED MOTION TO DISMISS - 1

1
2
3

2.

Defendant Blew’s Construction, Inc., is DISMISSED WITH

PREJUDICE and without costs or fees to any party.
3.

Defendant Travelers Casualty and Surety Company of America is

4

DISMISSED WITH PREJUDICE and without costs or fees to any party.

5

Because former Defendant Central Valley School District #356 was

6

dismissed without prejudice on October 25, 2013, ECF No. 27, the only remaining

7

Defendant in this lawsuit is Day & Night Mechanical Heating & Cooling, Inc.

8

Defendant Day & Night Mechanical Heating & Cooling, Inc., has yet to make an

9

appearance in this matter, and a motion for default judgment against Defendant

10

Day & Night Mechanical Heating & Cooling, Inc., is currently pending. ECF No.

11

32. The motion for default judgment is noted for hearing, without oral argument,

12

on May 21, 2014.

13
14
15

IT IS SO ORDERED. The District Court Executive is directed to file this
Order and provide copies to counsel for Plaintiffs and Defendants.
DATED April 11, 2014.

16
17
18

_____________________________________
JOHN T. RODGERS
UNITED STATES MAGISTRATE JUDGE

19
20
21
22
23
24
25
26
27
28
ORDER GRANTING STIPULATED MOTION TO DISMISS - 2