Kiver v. Kovalenko et al

Filing 80

ORDER DISMISSING CASE. Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) and the parties' consent, this matter is DISMISSED with prejudice and without costs or fees to any party. Signed by Chief Judge Thomas O. Rice. (BF, Paralegal)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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PHIL KIVER,
NO: 2:16-CV-0217-TOR

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Plaintiff,

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ORDER OF DISMISSAL
WITH PREJUDICE

v.
UNITED STATES OF AMERICA,

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Defendant.

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BEFORE THE COURT is Plaintiff’s Motion for Dismissal with Prejudice.

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ECF No. 78. The motion was submitted for consideration without oral argument.

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The Court has reviewed the file and the records therein, and is fully informed.

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Plaintiff represents that all prior counter-claims and cross-claims have been

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resolved by settlement and seeks to dismiss this matter with prejudice and with

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each party to bear its own attorneys’ fees and costs. The government does not

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object to Plaintiff’s motion. ECF 79.

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The Court previously dismissed the third-party claims. ECF No. 47.
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ORDER OF DISMISSAL WITH PREJUDICE ~ 1

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ACCORDINGLY, IT IS HEREBY ORDERED:

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1. Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) and the parties’ consent, this

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matter is DISMISSED with prejudice and without costs or fees to any party.
2. All pending motions and scheduled hearings, including trial, are stricken
from the Court’s calendar.
The District Court Executive is directed to enter this Order, furnish copies to
counsel, and CLOSE the file.
DATED February 13, 2018.

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THOMAS O. RICE
Chief United States District Judge

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ORDER OF DISMISSAL WITH PREJUDICE ~ 2