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Yingling v. SK Foods LP

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 27, 2009

RANDY YINGLING, PLAINTIFF,
v.
SK FOODS LP ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER DENYING MOTION TO DISMISS AS MOOT ORDER DISMISSING DEFENDANT SCOTT SALYER

(Doc. 10)

On November 17, 2008, Defendants filed a Motion to Dismiss Defendant Scott Salyer.

(Doc. 18). On January 22, 2009, Plaintiff filed a Notice of Voluntary Dismissal. The hearing on the Motion to Dismiss which was scheduled for January 23, 2009 was vacated. In light of Plaintiff's filing, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, IT IS HEREBY ORDERED that Defendant Scott Salyer is dismissed from all claims and causes of action in the complaint. Since Defendant Sayler has been dismissed from this action, Defendant's motion is DENIED as moot.

IT IS SO ORDERED.

20090127

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