The opinion of the court was delivered by: Reagan, District Judge
ORDER REGARDING DISMISSAL and TRIAL
Pursuant to the parties' representations to the Honorable Clifford J. Proud at the July 31st final pretrial conference, the joint "Stipulation of Dismissal with Prejudice" filed August 5, 2009 (Doc. 117), and the August 6, 2009 Final Pretrial Order signed by counsel herein (Doc. 118), the Court DISMISSES the following claims and parties (each party to bear his or her own costs).
1. All claims asserted by Plaintiff Davis against Defendants Schaake, Moore, Poston, Gilbert, Young and Chiurato;
2. Count III of the Second Amended Complaint, alleging an equal protection violation;
3. Count IV of the Second Amended Complaint, alleging retaliation; and
4. Count VI of the Second Amended Complaint, alleging a First Amendment violation relative to magazines.
In accord with Federal Rule of Civil Procedure 41(a), the Court CONSTRUES the stipulation (Doc. 117) as an unopposed motion for voluntary dismissal and GRANTS it. Dismissal shall be WITH PREJUDICE. All claims against Defendants Schaake, Moore, Poston, Gilbert, Young and Chiurato now have been dismissed. Judgment will be entered accordingly at the close of the entire case.
Due to the dismissal of various claims and Defendants, and for clarity of the record at trial, the Court ORDERS Plaintiff's counsel to file a Third Amended Complaint which lists only the remaining Defendants and claims and which uses Arabic numbers (e.g., Counts 2 and 3) as opposed to Roman numerals (e.g., Counts II and III). The Third Amended Complaint should be filed by August 19, 2009. It cannot contain any new claim or new Defendant.
Magistrate Judge Clifford J. Proud has certified this case trial-ready (see Doc. 119). The claims that remain for trial are directed against 7 Defendants: