Ortiz et al v. Alvarez et al
ORDER Terminating Martha Moreno as Plaintiff on the Docket signed by Magistrate Judge Erica P. Grosjean on 09/12/2017. (Flores, E)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
S. ORTIZ, et al.,
Case No. 1:15-cv-00535-DAD-EPG
GERARDO ALVAREZ, et al.,
ORDER TERMINATING MARTHA
MORENO AS PLAINTIFF ON THE
(ECF No. 128)
On September 8, 2017, the parties filed a stipulation to dismiss with prejudice the claims
in this action of Plaintiff Martha Moreno. (ECF No. 128). All parties have agreed to the
dismissal. Id. In light of the stipulation, the claims of Martha Moreno are dismissed with
prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th
Cir. 1997); Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“Even if the defendant has
filed a motion to dismiss, the plaintiff may terminate his action voluntarily by filing a notice of
dismissal under Rule 41(a)(1).”). Accordingly, the Clerk of the Court is DIRECTED to terminate
MARTHA MORENO on the docket as a plaintiff.
IT IS SO ORDERED.
September 12, 2017
UNITED STATES MAGISTRATE JUDGE
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