Ford v. Pend Oreille County et al

Filing 11

ORDER GRANTING PLAINTIFF'S MOTION TO DISMISS CERTAIN NAMED DEFENDANTS PURSUANT TO F.R.C.P. 41(a)(2) AND LEAVE TO FILE AMENDED COMPLAINT - granting 9 Motion to Dismiss; and granting 10 Motion for Leave to File. Party(ies) Pend Oreille County Sheriff's Department and Travis Stigall (Deputy) terminated. Signed by Judge Salvador Mendoza, Jr. (CC, Case Administrator)

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1 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 2 Sep 12, 2016 SEAN F. MCAVOY, CLERK UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 4 5 CHRISTINE K. FORD, a single person, Plaintiff, 6 v. 7 8 9 10 11 PEND OREILLE COUNTY, PEND OREILLE COUNTY SHERIFF’S DEPARTMENT, ALAN BOTZHEIM, Sheriff, KVIN OLSEN, Deputy, BILL ZAMORA, Deputy and TRAVIS STIGALL, Deputy, Defendants. No. 2:16-CV-0244-SMJ ORDER GRANTING PLAINTIFF’S MOTION TO DISMISS CERTAIN NAMED DEFENDANTS PURSUANT TO F.R.C.P. 41(a)(2) AND LEAVE TO FILE AMENDED COMPLAINT 12 13 Before the Court, without oral argument, are the Plaintiff’s Motion to 14 Dismiss Certain Named Defendants Pursuant to F.R.C.P. 41(a)(2), ECF No. 9 and 15 Motion for Leave to File Amended Complaint, ECF No. 10. Plaintiff moves for 16 dismissal of Defendant Pend Oreille County Sheriff’s Department and Deputy 17 Travis Stigall from this case without prejudice pursuant to Federal Rule of Civil 18 Procedure 41(a)(2). In addition, Plaintiff moves to amend the complaint. 19 20 Having reviewed the files and records herein, the Court finds good cause to grant the motions. ORDER - 1 1 IT IS HEREBY ORDERED: 1. 2 Plaintiff’s Motion to Dismiss Certain Named Defendants Pursuant to F.R.C.P. 41(a)(2), ECF No. 9, is GRANTED. 3 2. 4 Defendant Pend Oreille County Sheriff’s Department and Deputy 5 Travis Stigall are DISMISSED WITHOUT PREJUDICE, with all 6 parties to bear their own costs and attorneys’ fees. 3. 7 The Clerk’s Office is directed to AMEND the caption as follows: 8 CHRISTINE FORD, a single person, 9 Plaintiff, 10 v. 11 COUNTY OF PEND OREILLE, ALAN BOTZHEIM, Sheriff, KEVIN OLSEN, Deputy and BILL ZAMORA, Deputy, 12 Defendants. 13 4. 14 Plaintiff’s Motion for Leave to File Amended Complaint, ECF No. 10, is GRANTED. 15 16 // 17 // 18 // 19 // 20 // ORDER - 2 1 2 3 4 IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and provide copies to all counsel. DATED this 12th day of September 2016. 5 6 SALVADOR MENDOZA, JR. United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ORDER - 3

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