D.L. v. Vassilev et al

Filing 67

ORDER ON REQUEST FOR DISMISSAL OF DEFENDANTS PLUNKETT, BRACKETT, AND BROWN, signed by District Judge Anthony W. Ishii on 2/22/2018. (Kusamura, W)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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D.L., a minor by and through his guardian
ad litem Kari Ann Junio,
Plaintiff

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v.

CASE NO. 1:14-CV-0824 AWI BAM
ORDER ON REQUEST FOR
DISMISSAL OF DEFENDANTS
PLUNKETT, BRACKETT, AND
BROWN

MARGARET VASSILEV, M.D., et al.,
Defendant

(Doc. No. 66)

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This case was removed from the Tulare County Superior Court on May 30, 2014. See
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Doc. No. 1. T. Plunkett, D. Brackett, and B. Brown (collectively “Nurse Defendants”) are named

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as Defendants on the docket. There has been no appearance by the Nurse Defendants to date.
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On February 22, 2017, Plaintiff filed a request to dismiss Defendants T. Plunkett, D.
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Brackett, and B. Brown. See Doc. No. 66. As part of the request, Plaintiff included a copy of a
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dismissal dated March 14, 2013 from the Tulare County Superior Court. See Doc. No. 66-1. The
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dismissal shows that the Nurse Defendants were dismissed with prejudice. See id.
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In light of the dismissal, it appears that the Nurse Defendants were erroneously included as
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active defendants during the removal process. The Nurse Defendants have not been active parties
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in this case since March 2013. In order for the docket to conform to the actual status of the parties
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in this litigation, the Court will acknowledge the prior dismissal and order the Clerk to terminate
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the Nurse Defendants from the docket.
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ORDER

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s request to dismiss (Doc. No. 66) is GRANTED in that Defendants T Plunkett,

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D. Brackett, and B. Brown were previously dismissed with prejudice from this case by the

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Tulare County Superior Court prior to the May 30, 2014 removal; and

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2.

The Clerk shall identify Defendants T. Plunkett, D. Brackett, and B. Brown as
TERMINATED from this litigation.

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IT IS SO ORDERED.
Dated: February 22, 2018
SENIOR DISTRICT JUDGE

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