Eli Lilly and Company v. Gitmed et al

Filing 22

ORDER Directing Clerk of the Court to Terminate Defendant Holly Gitmed from this Action, signed by District Judge Dale A. Drozd on 5/12/16. Holly Gitmed (an individual) Terminated. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 ELI LILLY AND COMPANY, an Indiana corporation, Plaintiff, 13 16 17 ORDER DIRECTING CLERK OF THE COURT TO TERMINATE DEFENDANT HOLLY GITMED FROM THIS ACTION v. 14 15 No. 1:16-cv-00178-DAD-SAB JOHN DEREK GITMED, an individual; HOLLY GITMED, an individual; FELICIA GITMED, an individual; ANTHONY POLLINO JR., an individual; and DOES 1-50, inclusive, (Doc. No. 20) Defendants. 18 19 On May 11, 2016, plaintiff Eli Lilly and Company and defendant Holly Gitmed filed a 20 21 joint stipulation dismissing defendant Holly Gitmed from this action without prejudice, with each 22 party to bear its own costs and attorneys’ fees. (Doc. No. 20.) In light of the parties’ stipulation, 23 Holly Gitmed has been dismissed from this action without prejudice and without an award of 24 attorneys’ fees and costs to either party. See Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San 25 Jose, 111 F.3d 688, 692 (9th Cir. 1997). 26 ///// 27 ///// 28 ///// 1 1 Accordingly, the Clerk of the Court is directed to terminate defendant Holly Gitmed from 2 this action. This dismissal does not affect the status of the other defendants in the action. 3 IT IS SO ORDERED. 4 Dated: May 12, 2016 UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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