Wallace v. Grant County Fire District No. 5 et al

Filing 71

ORDER GRANTING STIPULATION FOR DISMISSAL OF PLAINTIFF'S NIED CLAIM AGAINST BOTH DEFENDANTS. Granting 35 parties - Stipulation for Dismissal of Plaintiff's NIED Claim Against Both Defendants. Signed by Judge Salvador Mendoza, Jr. (SK, Case Administrator)

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1 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 2 Jun 16, 2016 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 SEAN F. MCAVOY, CLERK 4 KELLY WALLACE, No. 2:15-CV-0108-SMJ 5 Plaintiff, 6 v. 7 8 9 GRANT COUNTY FIRE DISTRICT NO. 5, a public agency in the State of Washington and PATRICK HOCHSTATTER, individually and his marital community, ORDER GRANTING STIPULATION FOR DISMISSAL OF PLAINTIFF’S NIED CLAIM AGAINST BOTH DEFENDANTS 10 Defendants. 11 12 Before the Court, without oral argument, is the Stipulation for Dismissal of 13 Plaintiff’s NIED Claim Against Both Defendants, ECF No. 35. The parties move 14 for dismissal of Plaintiff’s negligent infliction of emotional distress claims against 15 both defendants, set forth in the Complaint for Damages and Further Relief as the 16 Third Cause of Action. Consistent with the parties’ agreement and Federal Rule 17 of Civil Procedure 41(a) (1) (A) (ii), 18 IT IS HEREBY ORDERED: 19 1. The parties’ Stipulation for Dismissal of Plaintiff's NIED Claim Against Both Defendants, ECF No. 35, is GRANTED. 20 ORDER - 1 1 2. Plaintiff’s negligent infliction of emotional distress claims against 2 both defendants, set forth in the Complaint for Damages and Further 3 Relief as the Third Cause of Action, are DISMISSED WITH 4 PREJUDICE, with all parties to bear their own costs and attorneys’ 5 fees. 6 7 8 IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and provide copies to all counsel. DATED this 16th day of June 2016. 9 __________________________ SALVADOR MENDOZA, JR. United States District Judge 10 11 12 13 14 15 16 17 18 19 20 Q:\SMJ\Civil\2015\Wallace v Grant County Fire District No 5 et al-0108\order granting stipulation dismissal plaintiffs nied claim against both def mv docx ORDER - 2

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