Opinion
Case No. 1:11-cv-00101-AWI-SKO (PC)
10-02-2015
TIMOTHY HOWARD, Plaintiff, v. D. L. DeAZEVEDO, et al., Defendants.
ORDER DENYING MOTION AS MOOT, VACATING FINDINGS AND RECOMMENDATIONS AS MOOT, AND DISMISSING ACTION, WITH PREJUDICE, PURSUANT TO THE PARTIES' NOTICE OF VOLUNTARY DISMISSAL (Docs. 105, 109, and 110)
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. Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), this case has no closed.
Plaintiff Timothy Howard and Defendants DeAzevedo, Paz, Stephens, and James. --------
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. IT IS SO ORDERED. Dated: October 2, 2015
/s/_________
SENIOR DISTRICT JUDGE