Rathnayake v. Farmers Insurance Exchange, No. 2:2013cv00765 - Document 41 (D. Nev. 2014)

Court Description: ORDER Granting 40 Defendant's Unopposed Motion for Dismissal with Prejudice and Entry of Final Judgment. The Clerk of Court is instructed to close this case. Signed by Judge Jennifer A. Dorsey on 9/17/2014. (Copies have been distributed pursuant to the NEF - EDS)
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Rathnayake v. Farmers Insurance Exchange Doc. 41 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 Gowry Rathnayake, Case No.: 2-13-cv-765-JAD-GWF 8 Plaintiff, 9 v. 10 11 Order Granting Defendant’s Unopposed Motion for Dismissal with Prejudice [Doc. 40] Farmers Insurance Exchange, Defendant. 12 13 On August 11, 2014, this Court granted Defendant’s motion for judgment on the pleadings 14 and dismissed all of plaintiffs’ claims with leave to amend by September 2, 2014. Doc. 38. The 15 Court cautioned, ”should plaintiff not file a motion for leave to amend by the deadline, this action 16 will be dismissed with prejudice without further prior notice.” Id. at 6-7. 17 Plaintiff did not seek to amend. On September 9, 2014, Defendant filed an Unopposed 18 Motion for Dismissal with Prejudice and Entry of Final Judgment. Doc. 40. Defendant represents 19 that it will not seek its fees or costs if dismissal with prejudice is granted. Id. at 2. 20 Good cause appearing, IT IS HEREBY ORDERED that Defendant’s motion (Doc. 40) is 21 GRANTED. This action is dismissed with prejudice, each side to bear its own fees and costs. The 22 Clerk of Court is instructed to close this case. 23 DATED: September 17, 2014. 24 25 26 _________________________________ _______________________ _ __ ___ _ _ __ JENNIFER A. DORSEY ENNIFER DORSEY N R R Y UNITED STATES DISTRICT JUDGE UNITED STATES DISTRIC TE TE S ST 27 28 Dockets.Justia.com