Frieske et al v. Life Alert Emergency Response Inc

Filing 5

ORDER DISMISSING CASE. Plaintiff's Notice of Voluntary Dismissal 4 is GRANTED. All claims and causes of action in this matter are DISMISSED without prejudice and without costs or fees to any party. The file is CLOSED. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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TAMRA FRIESKE and BERNARD
HENRI ELDREDGE, individually and
on behalf of all others similarly
situated,

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NO: 2:15-CV-0179-TOR
ORDER OF DISMISSAL WITHOUT
PREJUDICE

Plaintiffs,
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v.
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LIFE ALERT EMERGENCY
RESPONSE, INC., a California
corporation, and JOHN DOES 1-20,

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Defendants.
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BEFORE THE COURT is Plaintiff’s Notice of Voluntary Dismissal (ECF
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No. 4). Plaintiff filed a notice of voluntary dismissal pursuant to Federal Rule of
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Civil Procedure 41(a)(1)(A)(i) on August 19, 2015. Because Defendant Life Alert
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Emergency Response, Inc. has neither filed an answer nor moved for summary
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judgment, Plaintiff has an absolute right to voluntarily dismiss this case.1 See Fed.
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The John Doe defendants have not been named.

ORDER OF DISMISSAL WITHOUT PREJUDICE ~ 1

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R. Civ. P. 41(a)(1)(A)(i). No class has been certified in this matter; thus, Rule

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23(e)’s exceptions do not apply.

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IT IS ORDERED:

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1. All claims and causes of action in this matter are DISMISSED without
prejudice and without costs or fees to any party.
2. All pending motions are denied as moot and hearing dates stricken from
the Court’s calendar.
The District Court Executive is hereby directed to enter this Order, furnish

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copies to counsel, and CLOSE the file.

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DATED August 20, 2015.

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THOMAS O. RICE
United States District Judge

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ORDER OF DISMISSAL WITHOUT PREJUDICE ~ 2