Mercado v. Shawn Williams et al

Filing 67

ORDER DISMISSING DEFENDANTS STEVEN HARRIS AND ROBERT BENEFIELD Re: 64 Motion to Dismiss. Parties Robert Benefield (each in their personal capacities) and Steven Harris (each in their personal capacities) terminated. Signed by Judge Salvador Mendoza, Jr. (AY, Case Administrator)

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

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Nov 30, 2016

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SEAN F. MCAVOY, CLERK

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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DARIN W. MERCADO,

No. 4:14-CV-5071-SMJ

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Plaintiff,
ORDER DISMISSING
DEFENDANTS STEVEN HARRIS
AND ROBERT BENEFIELD

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v.
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STEVEN HARRIS, and ROBERT
BENEFIELD, each in their
personal capacities; MICHAEL
A. RUTH and JANE DOE
RUTH; and STEVEN M. BLYRIGGIN and JANE DOE BLYRIGGIN,

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Defendants.
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On November 22, 2016 the Ninth Circuit Court of Appeals dismissed this

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matter, ECF No. 66. On November 17, 2016, the parties filed a stipulation for

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order of dismissal with prejudice and without costs, ECF No. 64. Consistent with

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the parties’ agreement and Federal Rule of Civil Procedure 41(a),

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IT IS HEREBY ORDERED:

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1.

The parties’ stipulation for order of dismissal with prejudice and
without costs, ECF No. 64, is GRANTED.

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ORDER - 1

2.

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All claims against Defendants STEVEN HARRIS and ROBERT

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BENEFIELD are DISMISSED WITH PREJUDICE, with all

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parties to bear their own costs and attorneys’ fees.
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Per the parties’ status report, ECF No. 63, Plaintiff shall file their

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Motion to Dismiss Defendants Ruth by no later than December 9,

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2016.
4.

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In addition, per the parties’ status report, ECF No. 63, Plaintiff shall

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file a Motion for an Order of Default relating to the Bly-Riggins

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Defendants by no later than December 9, 2016.
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The Clerk’s Office is directed to amend the caption to read:
DARIN W. MERCADO,

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Plaintiff,

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v.

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MICHAEL A. RUTH and JANE DOE RUTH; and
STEVEN M. BLY-RIGGIN and JANE DOE BLYRIGGIN,

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Defendants.

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//

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//

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//

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//

ORDER - 2

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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 30th day of November 2016.

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__________________________________
SALVADOR MENDOZA, JR.
United States District Judge

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ORDER - 3