Opinion
3:19-CV-00745-DMS-AGS
09-30-2021
"LILY," JANE DOE, as court appc conservator for "SKYLAR" "SAVANNAH," minors, JOHN DOE, as appointed conservator for "SALLY" "SIERRA," JANE ROE as next frien minor, "PIA," and "JENNY." Plaintiffs, v. TAY CHRISTOPHER COOPER, Defendant.
John A. Kawai, SBN 260120 CARPENTER, ZUCKERMAN, & ROWLEY, Deborah A. Bianco, Pro Hac Vice, Carol L. Hepburn, Pro Hac Vice Of Attorneys for Plaintiffs THE GILLILAND FIRM Douglas S. Gilliland, Esq. Attorney for the Defendant
John A. Kawai, SBN 260120 CARPENTER, ZUCKERMAN, & ROWLEY, Deborah A. Bianco, Pro Hac Vice, Carol L. Hepburn, Pro Hac Vice Of Attorneys for Plaintiffs
THE GILLILAND FIRM Douglas S. Gilliland, Esq. Attorney for the Defendant
Before the Honorable Magistrate Judge Andrew G. Schopler
JOINT MOTION FOR ORDER DISMISSAL PURSUANT TO RULE 41(a)
MOTION
Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, Plaintiffs, move by and through their counsel of record for an order dismissing this action without costs to either party.
FACTS
The parties have settled this matter and all obligations required by that settlement agreement have been fulfilled.
ISSUES
Whether this matter should be dismissed.
ARGUMENT
Rule 41(a)(2) provides where the defendant has filed an Answer that a matter may be dismissed only by order of the Court. Defendant filed no counterclaim. This matter has settled. This matter should be dismissed with mo costs to either party.
CONCLUSION
This matter should be dismissed with prejudice and without costs to either party.
IT IS SO ORDERED.