Ali v. Trans Union et al

Filing 10

ORDER Directing Clerk of Court to Update the Docket, signed by Magistrate Judge Sheila K. Oberto on 03/03/15. Trans Union terminated. (Gonzalez, R)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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WALLY S. ALI,

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Plaintiff,

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vs.
TRANS UNION, et al.,

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Defendants.

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) No. 1:15-cv-00270---SKO
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) ORDER DIRECTING CLERK OF
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) COURT TO UPDATE THE DOCKET
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On March 3, 2015, Defendant Trans Union filed its stipulation with Plaintiff that the

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claims against Trans Union be dismissed with prejudice pursuant to Federal Rule of Civil

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Procedure 41(a)(1)(A)(ii).

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In relevant part, Rule 41(a)(1)(A) provides as follows:
[A] plaintiff may dismiss an action with a court order by filing: (i) a notice of
dismissal before the opposing party serves either an answer or a motion for
summary judgment; or (ii) a stipulation of dismissal signed by all parties who
have appeared.

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Fed. R. Civ. P. 41(a)(1)(A).

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41(a)(1)(A)(ii) is clear that the entry of such a stipulation of dismissal is effective

Caselaw concerning stipulated dismissals under Rule

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automatically and does not require judicial approval. Commercial Space Mgmt. Co. v. Boeing

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Co., 193 F.3d 1074, 1077 (9th Cir. 1999). "The plaintiff may dismiss some or all of the

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defendants, or some or all of his claims, through a Rule 41(a)(1) notice," and the dismissal

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"automatically terminates the action as to the defendants who are the subjects of the notice."

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

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Because Plaintiff and Defendant Trans Union have filed a stipulation of dismissal with

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prejudice of Plaintiff's claims against Trans Union under Rule 41(a)(1)(A)(ii), the claims

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against Trans Union have been dismissed with prejudice. Fed. R. Civ. P. 41(a)(1)(A)(ii).

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Accordingly IT IS HEREBY ORDERED that the Clerk of the Court is to

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administratively update the docket to reflect that Trans Union has been dismissed as a

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defendant in this action.

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IT IS SO ORDERED.

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Dated:

March 3, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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