Citation Codes Equivalent Citations citation codes Docket Number Case No. 04-06116-CV-SJ-DW. Judges Dean Whipple See more information ... Smart Summary Please sign up to generate summary. DOUGLAS UNGERER, as representati v. for the estate of MARSHELLA UNGERER, deceased, and his personal capacity, Plaintiff, ORDER DEAN WHIPPLE, District Judge The Court has carefully considered the briefing in this case.See Docs. 30, 32, 33, 34, 35, 36, 38, 39, 40, 41, 42, 43. Based on the totality of circumstances, a dismissal without prejudice is the best resolution. See Fed.R.Civ.P. 41(a)(2). If the case litigated in the future, the Court will expect Plaintiff to diligently pursue his claims. The Court hereby GRANTS Plaintiff's first motion for dismissal without prejudice (Doc. 32); ORDERS that this case is DISMISSED WITHOUT PREJUDICE as to all defendants; DENIES as moot the government's motion for summary judgment (Doc. 30); DENIES as moot Plaintiff's motion to amend scheduling order (Doc. 35); and DENIES as moot Plaintiff's second motion for dismissal without prejudice (Doc. 36). SO ORDERED.