Estate of Torres, et al v. Kennewick School District No 17 et al

Filing 577

ORDER RE STIPULATION FOR DISMISSAL WITH PREJUDICE; granting 576 Parties' Stipulated Motion for Order of Dismissal With Prejudice and Without Costs. Pursuant to Rule 41(a)(1)(A)(ii) and the parties' stipulation, all claims are DISMISSED with prejudice. File is CLOSED. Signed by Judge Mary K. Dimke. (TNC, Case Administrator)

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

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Jan 03, 2025

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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ESTATE OF JONNY TORRES, by
and through his Personal
Representative Manuel Banda; JAMIE
VALENCIA, parent of Jonny Torres;
MARIA M. TORRES, parent of Jonny
Torres,
Plaintiffs,
v.
KENNEWICK SCHOOL DISTRICT
NO. 17, a quasi-government agency
and agents thereof with knowledge and
responsibility; TAMARA VASQUEZ,
individually and in her capacity as
nurse at Highland Middle School;
CITY OF KENNEWICK, d/b/a
Kennewick Fire Department and City
of Kennewick Ambulance and agents
thereof with knowledge and
responsibility; and DAVID DAY,
ANTHONY MARSH, MARK COOK,
and CHRISTOPHER JOHNSON, in
their capacity as medical responders for
City of Kennewick,
Defendants.
ORDER - 1

No. 4:19-CV-05038-MKD
ORDER RE STIPULATION FOR
DISMISSAL WITH PREJUDICE
ECF No. 576

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Before the Court is the parties’ Stipulated Motion for Order of Dismissal

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With Prejudice and Without Costs, ECF No. 576. The parties stipulate to the

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dismissal of this action, with prejudice and without an award of attorneys’ fees or

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costs to any party. Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), a plaintiff may

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dismiss an action without court order by filing a stipulation of dismissal signed by

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all parties who have appeared. The stipulation is signed by all parties who have

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appeared and have not already been dismissed from the case. 1

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Accordingly, IT IS ORDERED:

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1. The parties’ Stipulated Motion for Order of Dismissal With Prejudice and

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Without Costs, ECF No. 576, is GRANTED.

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2. Pursuant to Rule 41(a)(1)(A)(ii) and the parties’ stipulation, all claims are

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DISMISSED with prejudice, without an award of fees or costs.

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3. All pending motions, if any, are DENIED as moot.

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4. All pending dates and deadlines are STRICKEN.

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The only remaining Defendant in this case is Kennewick School District No. 17.

The stipulation has been signed by counsel for this Defendant.

ORDER - 2

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IT IS SO ORDERED. The District Court Executive is directed to enter this
Order, provide copies to the parties, and CLOSE the file.

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DATED January 3, 2025.

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s/Mary K. Dimke
MARY K. DIMKE
UNITED STATES DISTRICT JUDGE

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ORDER - 3