Harter v. Brennan

Filing 40

ORDER DISMISSING COUNT 3; granting 39 Stipulation to Dismiss Count 3; denying as moot 36 Motion for Partial Summary Judgment on Prohibited Practices Claim. Signed by Judge Salvador Mendoza, Jr. (CV, Case Administrator)

FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Dec 22, 2017

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SEAN F. MCAVOY, CLERK

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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JUSTIN HARTER,

No. 2:16-CV-00438-SMJ

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Plaintiff,
ORDER DISMISSING COUNT 3

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v.
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MEGAN J. BRENNAN, Postmaster
General,
Defendants.

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On December 22, 2017, the parties filed a Stipulation to Dismiss Count 3
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(Plaintiff’s prohibited practices claim), ECF No. 39. Consistent with the parties’
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agreement and Federal Rule of Civil Procedure 41(a), IT IS HEREBY
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ORDERED:
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1.

The parties’ Stipulation to Dismiss Count 3, ECF No. 39, is

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GRANTED.
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2.

Count 3 of Plaintiff’s First Amended Complaint, ECF No. 19 at 11,

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¶ 4.3, is DISMISSED WITH PREJUDICE, with all parties to bear
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their own costs and attorneys’ fees.
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3.

Defendant’s pending Motion for Partial Summary Judgment on

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Prohibited Practices Claim, ECF No. 36, is DENIED AS MOOT.
ORDER DISMISSING
PROHIBITED PRACTICES CLAIM - 1

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IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and
provide copies to all counsel.
DATED this 22nd day of December 2017.

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__________________________
SALVADOR MENDOZA, JR.
United States District Judge

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ORDER DISMISSING
PROHIBITED PRACTICES CLAIM - 2