Kateian v. Ethicon, Inc., et al.

Filing 18

ORDER directing Clerk of Court to close case signed by Magistrate Judge Sheila K. Oberto on 7/13/2015. CASE CLOSED. (Lundstrom, T)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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JANICE L. KATEIAN,

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Plaintiff,

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vs.
ETHICON, INC., et al.,

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Defendants.

) No. 1:15-cv-00611---SKO
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) ORDER DIRECTING CLERK OF
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) COURT TO CLOSE CASE
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On July 8, 2015, Plaintiff filed a notice of voluntary dismissal with prejudice pursuant
to Federal Rule of Civil Procedure 41(a)(1)(A)(i).
In relevant part, Rule 41(a)(1)(A) provides as follows:

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[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). "The plaintiff may dismiss some or all of the defendants, or some

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

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terminates the action as to the defendants who are the subjects of the notice." Wilson v. City of

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

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Because Plaintiff filed a notice of dismissal of this case without prejudice as to all

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defendants under Rule 41(a)(1)(A)(i), this case has automatically terminated. Fed. R. Civ. P.

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41(a)(1)(A)(i).
Accordingly IT IS HEREBY ORDERED that the Clerk of the Court is to close this

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case.
IT IS SO ORDERED.

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Dated:

July 13, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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