Samuels v. Ahlin et al

Filing 141

ORDER RE: Plaintiff's Request for Dismissal of County Defendants signed by Magistrate Judge Erica P. Grosjean on 10/3/2019. (Sant Agata, S)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DOUGAL SAMUELS,

Case No. 1:10-cv-00585-DAD-EPG (PC)
Plaintiff, ORDER RE: PLAINTIFF’S REQUEST FOR
DISMISSAL OF COUNTY DEFENDANTS

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v.
(ECF NO. 140)

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PAM AHLIN, et al.,
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Defendants.
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On October 2, 2019, Plaintiff filed a request to dismiss Borgeas, Maqsiq,1 Mendes,

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Pacheco, and Quintero (the County Defendants) with prejudice. (ECF No. 140). Plaintiff filed

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this request stating that he does not need a court order to dismiss these defendants. However, not

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all defendants signed the request for dismissal, which is required for a voluntarily dismissal

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without a court order in this instance. Federal Rule of Civil Procedure 41(a)(1)(A)(i), (ii).2

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Accordingly, the Court will give Defendants seven days from the date of this order to either

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file a notice that they stipulate to the dismissal of the County Defendants or to file an opposition

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to the request for dismissal. If all defendants stipulate to dismissal, the Court will treat Plaintiff’s

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request as a voluntary dismissal under 41(a)(1)(A)(ii). If any defendant does not stipulate to the

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According to counsel for the County Defendants, the proper spelling of this name is “Magsig.”
The Court notes that counsel for County Defendants agreed to dismissal orally on the record at the
September 25, 2019 status conference.
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dismissal, then Court will treat the request as a motion under 41(a)(2).
Accordingly, IT IS ORDERED that Defendants have seven days from the date of service of
this order to:

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1. File a notice that they stipulate to dismissal of the County Defendants; or

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2. File an opposition to the request for dismissal.

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IT IS SO ORDERED.
Dated:

October 3, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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