Opinion
3-00-CV-2814-AH
April 25, 2002
ORDER
Previously all parties to this action, with the exception of Evergreen Group, Inc., d/b/a Sterling Finance Co., filed written consents to the exercise of jurisdiction by the undersigned magistrate judge pursuant to 28 U.S.C. § 636(c). On March 29, 2001, an order of transfer was filed by the District Court.
On March 22, 2002, this action was called on for trial and counsel for the parties, except for Evergreen Group, Inc, announced that a settlement had been reached. At the same time Plaintiff filed its motion to dismiss with prejudice together with its request for entry of default and for default judgment against Evergreen Group, Inc., which Plaintiff submits has been duly served, but which has never appeared in this action.
On April 5, 2002, the District Court entered its order severing out Plaintiff's claims against Evergreen Group, Inc. after which Plaintiff's remaining claims against Evergreen Group, Inc., have been assigned a new docket number, No. 3-02-CV-710-R and randomly assigned to District Judge Jerry Buchmeyer.
It is now appropriate to grant Plaintiff's motion to dismiss with prejudice as to its claims against those Defendants which remain in the above docketed action, and
IT IS ORDERED that Plaintiff's motion to dismiss with prejudice filed on March 22, 2002, is granted.
A copy of this order shall be transmitted to counsel for the parties.