Opinion
Case No.: CV-97-00178-E-BLW
March 30, 2000
ORDER
This matter comes before the Court on defendant Western Health Care Corporation's (WHC) Motion to Dismiss Cross Claims or in the alternative, Motion to Abstain from Exercising Jurisdiction (motion to dismiss), and the Report and Recommendation filed by United States Chief Magistrate Judge Mikel H. Williams. In addition, the Court has considered WHC's recent Request for Withdrawal of Objection to the Recommendation, filed on March 24, 2000.
On November 5, 1999, Judge Williams recommended that WHC's motion to dismiss be denied. However, the Court has been informed that after the recommendation was the plaintiff United States settled its claims as to all defendants, such that only cross claims remain between defendants.
The posture of the case has changed substantially due to the settlement of the majority of claims. In light of the settlement and WHC's recent request to withdraw its objection to the Report and Recommendation, and in order for the docket to accurately reflect the motions and issues presently pending before the Court,
NOW THEREFORE IT IS HEREBY ORDERED that the Defendant Western Health Care's Motion to Dismiss Cross-Claims (Docket No. 82-1), or in the alternative, Motion to Abstain from Exercising Jurisdiction over Cross-Claims (Docket No. 82-2) shall be, and is hereby deemed WITHDRAWN, without prejudice to the right of Western Health Care to refile the motion at any time prior to trial.
IT IS FURTHER ORDERED that the Recommendation issued on November 5, 1999 (Docket No. 129) shall be, and the same is hereby deemed MOOT.
IT IS FURTHER ORDERED that Defendant Western Health Care Corporation's Request for Withdrawal of Objection to Magistrate's Report, Recommendation and Order (Docket No. 229) shall be, and the same is hereby deemed MOOT.