Houlahan v. World Wide Association of Specialty Programs and Schools et al

District of Columbia, dcd-1:2004-cv-01161

ORDER granting {{148}} Joint Motion to Dismiss with prejudice all claims against World Wide Association of Specialty Programs & Schools and Kenneth Kay and further granting request to deny all pending motions between the parties as moot, including the motion for sanctions. Signed by Judge Frederick J. Scullin, Jr on 12/30/2011. [in the near future the Court will schedule a status conference to discuss the remaining claims]

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UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA ___________________________________________________ THOMAS G. HOULAHAN, Plaintiff, v. 1:04-CV-1161 (FJS/AK) WORLD WIDE ASSOCIATION OF SPECIALTY PROGRAMS AND SCHOOLS, a Corporation; FREEMAN WALL AIELLO, a Partnership; KENNETH KAY, an individual; JAMES WALL, an individual; C.S. LANDRE FOUNDATION, a Nonprofit Organization; and LANCE LANDRE, an individual, Defendants. ___________________________________________________ APPEARANCES OF COUNSEL THOMAS G. HOULAHAN Washington, D.C. 20016 Plaintiff pro se JORDAN, COYNE & SAVITS LLP JOHN TREMAIN MAY, ESQ. 1100 Connecticut Avenue NW PADRAIC K. KEANE, ESQ. Suite 600 Washington, DC 20016 Attorneys for Defendants World Wide Association of Specialty Programs and Schools and Kenneth Kay HOGAN & HEALD ROGER W. HEALD, ESQ. 11130 Fairfax Boulevard Suite 310 Fairfax, Virginia 22030 Attorneys for Defendants Freeman Wall Aiello and James Wall SCULLIN, Senior Judge ORDER On December 30, 2011, Plaintiff and Defendants World Wide Association of Specialty Programs and Schools and Kenneth Kay (collectively "the World Wide Defendants") filed a joint motion to dismiss, with prejudice, Plaintiffs' claims against the World Wide Defendants pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure because Plaintiff and the World Wide Defendants had reached an agreement to resolve all of Plaintiff's claims against the World Wide Defendants. See Dkt. No. 148. Furthermore, Plaintiff and the World Wide Defendants moved to have the Court deny as moot all pending motions between Plaintiff and the World Wide Defendants, including Plaintiff's motion for sanctions, if the Court granted their joint motion to dismiss Plaintiff's claims against the World Wide Defendants. See id. After reviewing the entire record in this matter, the parties' submissions, and the applicable law, the Court hereby ORDERS that the joint motion of Plaintiff and the World Wide Defendants to dismiss, with prejudice, all of Plaintiff's claims against Defendant World Wide Association of Specialty Programs and Schools and Defendant Kenneth Kay is GRANTED;1 and the Court further 1 The Court notes that, as a result of the dismissal of Plaintiff's claims against the World Wide Defendants, the only remaining claims in this action are Plaintiff's fourth and fifth causes of action for libel against Defendants James Wall and Freeman Wall Aiello. The Court will contact the parties in the near future to set a date for a status conference to discuss the remaining claims. -2- ORDERS that all of the pending motions between Plaintiff and Defendant World Wide Association of Specialty Programs and Schools and Defendant Kenneth Kay are DENIED as moot. IT IS SO ORDERED. Dated: December 30, 2011 Syracuse, New York -3-