(PC) Howard v. Deazevedo, No. 1:2011cv00101 - Document 111 (E.D. Cal. 2015)
Court Description: ORDER VACATING 109 FINDINGS AND RECOMMENDATIONS; ORDER DENYING AS MOOT 105 Defendants' Motion to Enforce Settlement Agreement; and ORDER DISMISSING ACTION, With Prejudice, Pursuant to the Parties' Notice of Voluntary Dismissal (Doc. 110 ) signed by District Judge Anthony W. Ishii on 10/2/2015. CASE CLOSED. (Jessen, A)
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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 TIMOTHY HOWARD, 11 Case No. 1:11-cv-00101-AWI-SKO (PC) Plaintiff, ORDER DENYING MOTION AS MOOT, VACATING FINDINGS AND RECOMMENDATIONS AS MOOT, AND DISMISSING ACTION, WITH PREJUDICE, PURSUANT TO THE PARTIES’ NOTICE OF VOLUNTARY DISMISSAL v. 12 13 D. L. DeAZEVEDO, et al., 14 Defendants. (Docs. 105, 109, and 110) _____________________________________/ 15 16 17 18 On September 28, 2015, the parties filed a stipulation for voluntary dismissal, with prejudice, with each party bearing his own litigation costs and attorney’s fee. 1 Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), this case has no closed. 19 20 21 22 Accordingly, Defendants’ pending motion to enforce the settlement agreement is DENIED as moot, the pending findings and recommendations are VACATED as moot, and the Clerk of the Court shall close this case pursuant to the parties’ stipulation for voluntary dismissal with prejudice. 23 24 IT IS SO ORDERED. 25 Dated: October 2, 2015 SENIOR DISTRICT JUDGE 26 27 28 1 Plaintiff Timothy Howard and Defendants DeAzevedo, Paz, Stephens, and James.
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