UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
December 3, 2012
JOSE A. GARZA, ET AL., PLAINTIFFS,
BNSF RAILWAY COMPANY, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER RE: PLAINTIFFS' REQUEST FOR DISMISSAL (Doc. 35)
On November 26, 2012, Plaintiffs Jose Garza, Eric Finely and Jerry Harris filed a request for dismissal of this case with prejudice pursuant to a settlement. Doc. 35. Federal Rule of Civil Procedure 41(a) permits a plaintiff to dismiss an action without a court order by filing "a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." Fed. R. Civ. P. 41(a)(1)(A)(i). Although Defendants have filed several motions to dismiss, they have not filed an answer or a motion for summary judgment. Accordingly, Plaintiffs' request is construed as a notice of dismissal and this action is DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.
© 1992-2012 VersusLaw Inc.