Opinion
NO. CV-10-0257-EFS
05-22-2012
THOMAS J. BEAL and DONNA J. BEAL, husband and wife, Plaintiff, v. UNITED STATES DEPARTMENT OF AGRICULTURE; AMERICANWEST BANK, as successor to United Security Bank; and FERRY COUNTY, WASHINGTON, a Municipal Corporation, Defendants. UNITED STATES OF AMERICA, Cross-Complainant, v. THOMAS J. BEAL and DONNA J. BEAL, husband and wife; AMERICANWEST BANK, as successor to United Security Bank; FERRY COUNTY, WASHINGTON, a Municipal Corporation; GE CAPITAL (Formerly TRANSAMERICA CREDIT CORPORATION); CROWN RESOURCES CORPORATION; and TELEVISION ASSOCIATION OF REPUBLIC, WA, INC., Cross-Defendants.
ORDER GRANTING THE STIPULATED MOTION FOR ENTRY OF ORDER OF
DISMISSAL OF PLAINTIFFS' CLAIMS AGAINST DEFENDANT AMERICANWEST BANK
On May 15, 2012, all parties 1) agreed to dismiss Plaintiffs Thomas and Donna Beal's claims against Defendant AmericanWest Bank, and 2) acknowledged that the stipulated dismissal does not limit AmericanWest Bank's ability to recover attorney's fees against the Beals which arise from or relate to the above-capationed matter. ECF No. 27.
Accordingly, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), IT IS HEREBY ORDERED:
1. The Beals' claims against AmericanWest Bank are DISMISSED.
2. This dismissal does not affect AmericanWest Bank's right to file a motion with this Court to seek attorney's fees and costs arising out of or related to the above-captioned action from the Beals.
3. The case caption shall be AMENDED to reflect the prior dismissal of Cross-Defendants GE Capital (formerly Transamerica Credit Corp.) and Television Association of Republic, WA, Inc. ECF No. 20.
IT IS SO ORDERED. The District Court Executive is directed to enter this Order and provide copies to counsel.
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EDWARD F. SHEA
United States District Judge
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