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Cornejo v. City of Colton

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


February 4, 2010

MARIA CORNEJO, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO ANTONIO CORNEJO, DECEASED; EFRAIN CORNEJO MACIAS, INDIVIDUALLY; NANCY BERMUDEZ, INDIVIDUALLY; ALEJANDRA HERRERA, INDIVIDUALLY; MARCOS CORNEJO MACIAS; INDIVIDUALLY; MARIA REYNOSO, INDIVIDUALLY, AND THE ESTATE OF ANTONIO CORNEJO, PLAINTIFF,
v.
CITY OF COLTON, A MUNICIPAL ENTITY; EUGENE GOULDEMAN; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: VIRGINIA A. Phillips United States District Judge

[Motion filed on January 6, 2010]

ORDER GRANTING SUMMARY JUDGMENT AS TO PLAINTIFF MARCOS CORNEJO MACIAS ONLY

On January 6, 2010, Defendants filed a Motion for Summary Judgment and/or Summary Adjudication ("Motion") as to Plaintiff Marcos Cornejo Macias. On January 7, 2010, Plaintiffs filed a Notice of Non-Opposition to the Motion ("Notice of Non-Opp'n"), stating "all Plaintiffs will not oppose" Defendant's Motion for Summary Judgment as to Plaintiff Marcos Cornejo Macias. (Notice of Non-Opp'n at 1.) On February 2, 2010, Defendants filed a Reply.

The Court construes Plaintiffs' decision not to oppose the Motion as voluntary dismissal of the unopposed claims with prejudice pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure and Local Rule 7-12.

Accordingly, the Court GRANTS the Motion for Summary Judgment and/or Summary Adjudication as to Plaintiff Marcos Cornejo Macias.

20100204

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