Jones v. Kern High School District et al

Filing 17

ORDER SETTING ASIDE DISMISSAL of Entire Action signed by Judge Oliver W. Wanger on 12/21/2007 re 15 Order Dismissing Case. CASE REOPENED. (Defendant Adrianna Reyna Remains Terminated from this Action) (Arellano, S.)

Jones v. Kern High School District et al

Doc. 17

Case 1:07-cv-01628-OWW-TAG

Document 17

Filed 12/26/2007

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Before the Court is Plaintiff's Application to Set Aside Dismissal pursuant to Federal Rule of Civil Procedure 60(a)(b) to correct the dismissal of the entire action arising from a clerical mistake. On December 11, 2007, Plaintiff, through counsel, filed a "Notice of Voluntary Dismissal of Defendant Adrianna Reyna Without Prejudice," in which Plaintiff Krista Jones voluntarily "dismisses the above-captioned action against Defendant Adrianna 1 KRISTA JONES, ) ) Plaintiff, ) ) v. ) ) KERN HIGH SCHOOL DISTRICT, ) FRANCISCO GONZALEZ, JAIME ) QUINONEZ, CONNIE SACK, BRUCE ) HILL, PATRICK BLAKE, ABELARDO ) SIBECAS, MARY ALEMAN, KATY ) RODRIQUEZ, DENNIS STEWARD, PABLO ) REYES, PATTY LEIBLE, DIRK ) McJUNKIN, VICKI SHOENHAIR, MATT ) GODBEHERE, TERRY LEWIS, MR. ) GUTIERREZ, JAMES HUDSON, DOES 1 ) through 200, inclusive, ) ) Defendants. ) ) ) 1:07-cv-1628 OWW TAG ORDER SETTING ASIDE DISMISSAL OF ENTIRE ACTION UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Dockets.Justia.com

Case 1:07-cv-01628-OWW-TAG

Document 17

Filed 12/26/2007

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Reyna without prejudice." As counsel's Declaration in support of the Application to Set Aside establishes, Plaintiff did not intend to dismiss the entire action as to the remaining Defendants. By inadvertence and clerical error, the entire action was dismissed. Because Plaintiff was authorized to dismiss some or

all of the Defendants, through a Rule 41(a)(1) notice, the entire action should not have been dismissed. Dismissal of one of

several Co-Defendants terminates the action only as to the one dismissed, the case continues as to the other Defendants. Concha

v. London, 82 F.3d 1493, 1506 (9th Cir. 1995); cert. dismissed, 517 U.S. 1183 (1996). Under the further authority of Fed. R. Civ. Proc. 60(b)(1) and (6) this action is reinstated as to all Defendants except Adrianna Reyna. Further, the dismissal without prejudice of Defendant Adrianna Reyna remains unaffected by this order.

IT IS SO ORDERED. Dated: December 21, 2007 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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