Fowler Packing Company, Inc. et al v. Lanier et al

Filing 97

ORDER DIRECTING the Clerk of the Court to TERMINATE Gerawan Farming, Inc. as a Plaintiff in this Action signed by Magistrate Judge Stanley A. Boone on 11/14/2022.(Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

FOWLER PACKING COMPANY, INC., et
al.,

Case No. 1:16-cv-00106-DAD-SAB
ORDER DIRECTING THE CLERK OF THE
COURT TO TERMINATE GERAWAN
FARMING, INC., AS A PLAINTIFF IN THIS
ACTION

12
Plaintiffs,
13
v.
14
DAVID M. LANIER, et al.,

(ECF No. 96)

15
Defendants.
16
17
18
19
20
21
22
23
24
25
26
27

On November 10, 2022, the Plaintiff Gerawan Farming, Inc., and Defendants, filed a
stipulated notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a) of Plaintiff
Gerawan Farming, Inc.’s claims in this action. (ECF No. 96.) The dismissal of the claims
between Plaintiff Gerawan Farming, Inc., is with prejudice. (Id.) The claims between the other
parties remain active and are not subject to the stipulation. (Id.)
Rule 41(a) of the Federal Rules of Civil Procedure allows a party to dismiss some or all
of the defendants in an action through a Rule 41(a) notice. Wilson v. City of San Jose, 111 F.3d
688, 692 (9th Cir. 1997); see also Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“The
plaintiff may dismiss either some or all of the defendants—or some or all of his claims—through
a Rule 41(a)(1) notice.”)). “Filing a notice of voluntary dismissal with the court automatically
terminates the action as to the defendants who are the subjects of the notice.” Concha, 62 F.3d at

28

1

1 1506.
Accordingly, the Clerk of the Court is DIRECTED to terminate Plaintiff Gerawan

2

3 Farming, Inc., as a party in this action.
4
5

IT IS SO ORDERED.

6 Dated:

November 14, 2022
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2