Opinion
Case No. 1:09-CV-01184-AWI-SKO
01-14-2012
MONTRY MCNALLY; RUBY BELL; and KENNETH BALES, Plaintiffs, v. EYE DOG FOUNDATION FOR THE BLIND, INC.; EYE DOG FOUNDATION PROFIT SHARING PLAN; GWEN BROWN, an individual, and DOES 1 through 50, Defendants.
McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP Devon R. McTeer Robert L. Sullivan, Jr. Attorneys for Plaintiffs MONTRY MCNALLY; RUBY BELL; and KENNETH BALES
Robert L. Sullivan, Jr., # 41711
Devon R. McTeer, #230539
McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
Attorneys for Plaintiffs
MONTRY MCNALLY; RUBY BELL; and
KENNETH BALES
REQUEST FOR DISMISSAL WITH
PREJUDICE [Rule 41(a)(2)]; ORDER RE
SAME
Plaintiffs, MONTRY MCNALLY, RUBY BELL and KENNETH BALES by and through their attorneys of record McCormick, Barstow, Sheppard, Wayte & Carruth LLP and pursuant to Federal Rules of Civil Procedure, Rule 41(a)(2), do hereby request that this Court dismiss the within action in its entirety with prejudice. Said dismissal is requested as Defendants have satisfied their obligation under the Settlement Agreement entered into between the parties. Each party to bear its own attorney's fees and costs of suit incurred.
McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP
By: _________________
Devon R. McTeer
Robert L. Sullivan, Jr.
Attorneys for Plaintiffs
MONTRY MCNALLY; RUBY BELL;
and KENNETH BALES
ORDER
After reviewing Plaintiff's Request for Dismissal under Section 41(a)(2) of the Federal Rules of Civil Procedure,
IT IS SO ORDERED that the within action is dismissed in its entirety with prejudice. Each party to bear its own attorney's fees and costs of suit IT IS SO ORDERED.
__________________________________
CHIEF UNITED STATES DISTRICT JUDGE