Verduzco v. Pape Trucks, Inc. et al

Filing 23

ORDER Directing Clerk of the Court to Terminate this Action as to Allison Transmission Only Pursuant to the Notice of Voluntary Dismissal 21 , signed by Magistrate Judge Jennifer L. Thurston on 6/17/2015. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MANUEL A. VERDUZCO,
Plaintiff,

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v.
PAPE TRUCKS, et al.,
Defendants.

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Case No.: 1:15-cv-00245- --- - JLT
ORDER DIRECTING CLERK OF THE COURT
TO TERMINATE THIS ACTION AS TO
ALLISON TRANSMISSION ONLY PURSUANT
TO THE NOTICE OF VOLUNTARY DISMISSAL
(Doc. 21)

On June 10, 2015 Plaintiff filed a Notice of Voluntary Dismissal as to Defendant Allison

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Transmission only. (Doc. 21) He relies upon Fed. R. Civ. P. Rule 41 which provides, “the plaintiff

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may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing

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party serves either an answer or a motion for summary judgment; . . .” Fed. R. Civ. P. 41(a)(1)(A).

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Such a notice is effective as a dismissal without an order of the court. Fed. R. Civ. Pro. 41(a)(1)(ii);

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Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). However, because this defendant has

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not been terminated on the docket, the Court DIRECTS the Clerk of Court to terminate this action as

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to Defendant, Allison Transmission only.

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IT IS SO ORDERED.
Dated:

June 17, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE