Alba v. County of Tulare, California et al

Filing 43

ORDER directing Clerk of the Court to terminate Defendants 42 signed by Magistrate Judge Erica P. Grosjean on 8/28/2017. Defendants Bertoldo and Torres terminated. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DENNIS ALBA,

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Plaintiff
v.
COUNTY OF TULARE, CALIFORNIA,
et al.,

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ORDER DIRECTING THE CLERK OF
THE COURT TO TERMINATE
DEFENDANTS
(ECF No. 42)

Defendants.

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Case No. 1:15-cv-01492-EPG

On August 22, 2017, Plaintiff Dennis Alba filed a stipulation for voluntary dismissal
dismissing her claims against Defendants Bertoldo and Torres. (ECF No. 42).

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In light of the parties’ stipulation, the claims against Defendants Bertoldo and Torres have

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been terminated, see Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692

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(9th Cir. 1997), and dismissed with prejudice. Concha v. London, 62 F.3d 1493, 1506 (9th Cir.

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1995) (“Even if the defendant has filed a motion to dismiss, the plaintiff may terminate his action

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voluntarily by filing a notice of dismissal under Rule 41(a)(1).”).

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Accordingly, the Clerk of the Court is DIRECTED to terminate Defendants Bertoldo and
Torres as Defendants in this case.
IT IS SO ORDERED.
Dated:

August 28, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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