Marlow et al v. Hotchkiss et al

Filing 39

ORDER OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE; SCHEDULING ORDER. Plaintiffs Motion to Dismiss Former Grant County Case ECF No. 32 is GRANTED. The consolidated action Marlow v. Snyder et al., 2:15-CV-0188-TOR is dismissed without prejudice. Defendant Douglas County is dismissed and the Clerk of Court shall terminate it from the caption of this case. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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MARK MARLOW and NANCY
MARLOW, husband and wife,

NO: 2:15-CV-0131-TOR

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Plaintiffs,
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v.

ORDER OF VOLUNTARY
DISMISSAL WITHOUT PREJUDICE;
SCHEDULING ORDER

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JOHN HOTCHKISS, in his individual
capacity; STEVEN M. CLEM, in his
individual capacity; ANDREW L.
KOTTKAMP, in his individual
capacity; KAREN M. URELIUS, in
her individual capacity; GLEN A. DE
VREIS, in his individual capacity;
JERRY J. GREGORY, in his
individual capacity; RAMON PEREZ,
in his individual capacity; ANTHONY
O. WRIGHT, in his individual
capacity; ERIC PENTICO, in his
individual capacity; GARY GRAFF, in
his individual capacity; BRUCE A.
ESTOK, in his individual capacity; F.
DALE BAMBRICK, in his individual
capacity; MARK D. KULASS, in his
individual capacity; DALE L.
SNYDER, in his individual capacity;
KEN STANTON, in his individual
capacity; STEVEN JENKINS, in his
ORDER OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE;
SCHEDULING ORDER ~ 1

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individual capacity; and DOES 1
through 10, inclusively in their
individual capacity.
Defendants.

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---AND--No. 2:15-CV-0188-TOR

v.
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DALE L. SNYDER, Douglas County
Commissioner; KEN STANTON,
Douglas County Commissioner;
STEVEN JENKINS, Douglas County
Commissioner; MARK D. KULAAS,
Director Land Management Services
Douglas County; STEVEN M. CLEM,
Attorney for Douglas County; and
DOUGLAS COUNTY, a Political
subdivision of the State of Washington,

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Defendants.
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I.

Order of Voluntary Dismissal Without Prejudice

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Before the Court is Plaintiffs’ Motion to Dismiss Former Grant County Case
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No. 2:15-CV-0188-TOR (ECF No. 32). This matter was submitted without oral
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argument. The Court has reviewed the record and files herein, and is fully informed.
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Because Defendants have neither filed an answer nor moved for summary judgment,
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Plaintiffs have an absolute right to voluntarily dismiss this case. See Fed. R. Civ. P.
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41(a)(1)(A)(i).
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ORDER OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE;
SCHEDULING ORDER ~ 2

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II.

Scheduling Order

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A telephonic scheduling conference was held in the above-entitled matter on

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October 20, 2015. Plaintiffs Mark and Nancy Marlow appeared pro se on their own

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behalf. Vanessa R. Waldref, Carl P. Warring, and Mark Louvier appeared on behalf

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of Defendants.

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Discovery Plan (ECF No. 34) and Plaintiffs’ Status Report (ECF No. 36), and heard

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from counsel and is fully informed.

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IT IS HEREBY ORDERED:

The Court reviewed Defendants’ Joint Status Certificate and

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1. Defendants’ motions to dismiss shall be filed on or before November 3,

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2015. Plaintiffs shall file a response by December 3, 2015. Defendants

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may file a reply by December 17, 2015. Plaintiffs may file a sur-

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response by January 4, 2016.

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2. No formal discovery may be effectuated until further order of the Court.

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3. Plaintiffs’ Motion to Dismiss Former Grant County Case (ECF No. 32) is

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GRANTED.
4. The action Marlow v. Snyder et al., 2:15-CV-0188-TOR is dismissed
without prejudice.
5. Defendant Douglas County is dismissed and the Clerk of Court shall
terminate it from the caption of this case.

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ORDER OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE;
SCHEDULING ORDER ~ 3

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6. Defendants Dale L. Snyder, Ken Stanton, Steven Jenkins, Mark D.

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Kulaas, and Steven M. Clem are dismissed as defendants in their official

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capacities in case No. 2:15-CV-0188-TOR. These defendants remain as

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defendants in their individual capacities in case No. 2:15-CV-0131-TOR.

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The caption shall be adjusted accordingly.

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The District Court Executive is hereby directed to enter this Order and
provide copies to counsel.
DATED October 21, 2015.

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THOMAS O. RICE
United States District Judge

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ORDER OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE;
SCHEDULING ORDER ~ 4