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Shirley Knight, Guardian Ad Litem For J.S., A Minor, and Marlene Fagan and Homer Fagan v. Deere & Company

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


April 12, 2011

SHIRLEY KNIGHT, GUARDIAN AD LITEM FOR J.S., A MINOR, AND MARLENE FAGAN AND HOMER FAGAN,
PLAINTIFFS,
v.
DEERE & COMPANY,
DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER DISMISSING HOMER FAGAN'S CLAIM AGAINST DEFENDANT

Plaintiff Homer Fagan seeks dismissal of his "case . . . against defendant . . . with prejudice" and "request[s] that any . . . attorney fees requested by defendant['s] counsel pursuant to the voluntary dismissal be denied." (ECF No. 57.) Defendant filed a "conditional statement of non-opposition", in which it states it "does not oppose the dismissal . . . but will not agree to waive its claim for costs[.]" (ECF No. 75.) In light of Plaintiff Homer Fagan's and Defendant's respective positions on dismissal, Plaintiff Homer Fagan's claim against Defendant is DISMISSED with prejudice.

20110412

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