Opinion
2:20-cv-00406-MKD
03-28-2022
MID-CENTURY INSURANCE COMPANY, a California corporation doing business in Washington, Plaintiff/Intervenor Defendant, v. ACI NORTHWEST, INC., an Idaho corporation, Defendant. and LIBERTY MUTUAL FIRE INSURANCE COMPANY and LIBERTY INSURANCE COMPANY, Intervenor Plaintiffs,
ORDER GRANTING STIPULATED MOTION TO DISMISS AND DISMISSING ACTION WITH PREJUDICE ECF No. 41
MARY K. DIMKE, UNITED STATES DISTRICT JUDGE
Before the Court is the parties' Stipulated Motion and Proposed Order Dismissing Litigation With Prejudice, ECF No. 41. This case arises out of an underlying case, Jeanette Hotes-Aprato v. ACI Northwest, Inc., No. 2:19-cv-200- 1 MKD (E.D. Wash.), which was dismissed with prejudice after the parties reached a settlement in that matter. The parties indicate that, given the settlement in the underlying case, the remaining issues in this litigation are moot. ECF No. 41 at 2. Accordingly, the parties stipulate and jointly move to dismiss this action with prejudice, with each party to bear its own fees and costs. ECF No. 41 at 2.
Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the Court accepts the notice of stipulation, grants the stipulated motion to dismiss, and dismisses this action with prejudice.
Accordingly, IT IS ORDERED:
1. The parties' Stipulated Motion to Dismiss Litigation With Prejudice, ECF No. 41, is GRANTED
2. The Complaint, ECF No. 1, is DISMISSED with prejudice, with each party to bear its own costs and attorney fees.
3. Any pending motions are DENIED as moot.
4. All hearings and other deadlines are STRICKEN.
IT IS SO ORDERED. The District Court Executive is directed to enter this Order, provide copies to counsel, and CLOSE the file. 2