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Christina Mitchell, Et v. Skyline Homes

February 9, 2012

CHRISTINA MITCHELL, ET AL., PLAINTIFFS,
v.
SKYLINE HOMES, DEFENDANT.



The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

Calendared for hearing on February 22, 2012 is plaintiffs Jerry and Dawn Wright's motion to dismiss. Because oral argument is not of material assistance, this matter is submitted on the briefs. E.D. Cal. L.R. 230(g). Upon review of the documents in support and opposition, and good cause appearing, THE COURT FINDS AND ORDERS AS FOLLOWS:

1. The February 22, 2012 hearing on plaintiffs' motion to dismiss is vacated. 2. Plaintiffs have clarified in the briefing that they will stipulate to dismissal of their claims with prejudice. Under these circumstances, conditioning dismissal on payment of

defense fees and costs is not warranted. Fed. R. Civ. P. 41(a)(2). Plaintiffs Jerry Wright and Dawn Wright are dismissed from this action with prejudice.

20120209

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