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Rick W. Cordeiro v. Sysco Food Services of Sacramento

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 29, 2011

RICK W. CORDEIRO, PLAINTIFF,
v.
SYSCO FOOD SERVICES OF SACRAMENTO, INC, DEFENDANT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Presently before the undersigned is plaintiff Rick W. Cordiero's request for dismissal of this action with prejudice.*fn1 (Dkt. No. 25.) Defendant Sysco Food Services of Sacramento, Inc. ("Sysco") has already filed an answer to plaintiff's amended complaint (Dkt. No. 12) such that a court order would be required to effectuate the voluntary dismissal that plaintiff seeks. See Fed. R. Civ. P. 41(a)(2). However, in response to a March 10, 2011 order raising this issue (Dkt. No. 26), Sysco filed a joinder to plaintiff's request for dismissal. (Dkt. No. 27.) Accordingly, the undersigned finds that voluntary dismissal of this case with prejudice is appropriate. Fed. R. Civ. P. 41(a)(1)(A)(ii).

The court HEREBY ORDERS that:

1. Plaintiff's request for dismissal with prejudice (Dkt. No. 25) is granted;

2. This case is dismissed with prejudice and all pending dates are vacated;

and

3. The Clerk of Court is directed to close this case. IT IS SO ORDERED.


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