Soria v. Family Health Care Network, et al.

Filing 33

ORDER DISREGARDING Stipulation of Dismissal 31 , signed by Chief Judge Anthony W. Ishii on 1/6/09. (Hellings, J)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 On December 20, 2008, Plaintiff Bianca Soria and Defendant Kaweah Delta Health Care 18 District filed a stipulation pursuant to Federal Rule of Civil Procedure 41(a)(1) to dismiss this 19 action with prejudice as to Defendant Kaweah Delta Health Care District only, each party to bear 20 their own costs and fees. 21 On December 30, 2008, Defendant United States filed an opposition to this dismissal. 22 Voluntary dismissals may be obtained after an answer has been served only with a stipulation of 23 dismissal signed by all parties who have appeared. Fed.R.Civ.P. 41(a)(1)(ii). Involuntary 24 dismissals may be obtained only by court order, on terms that the court considers proper. 25 Fed.R.Civ.P. 41(a)(2). Such orders should be obtained by noticed motion pursuant to Local 26 Rule 78-230 before the Judge of the District Court pursuant to Local Rule 72-302(c)(3). 27 /// 28 ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) KAWEAH DELTA HEALTH CARE ) DISTRICT, ET AL., ) ) Defendants. ) ____________________________________) BIANCA SORIA, NO. 1:08-CV-00155-AWI-DLB ORDER DISREGARDING STIPULATION OF DISMISSAL [Document # 31] IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 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 Defendant United States has not consented to dismissal of Defendant Kaweah Delta Health Care District. Thus, the court will take no action on the stipulation of dismissal. Accordingly, the stipulation will be DISREGARDED. IT IS SO ORDERED. Dated: 0m8i78 January 6, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE 2

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