Eli Lilly and Company v. Gitmed et al

Filing 34

ORDER Directing Clerk of the Court to Terminate Defendant Felicia Gitmed from this Action, signed by District Judge Dale A. Drozd on 9/13/16. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ELI LILLY AND COMPANY, an Indiana
corporation,
Plaintiff,

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ORDER DIRECTING CLERK OF THE
COURT TO TERMINATE DEFENDANT
FELICIA GITMED FROM THIS ACTION

v.

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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. 33)

Defendants.

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On September 7, 2016, plaintiff Eli Lilly and Company and defendant Felicia Gitmed

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filed a joint stipulation, signed by both parties, dismissing defendant Felicia Gitmed from this

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action without prejudice, with each party to bear its own costs and attorneys’ fees. (Doc. No. 33.)

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In light of the parties’ stipulation, Felicia Gitmed has been dismissed from this action without

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prejudice and without an award of attorneys’ fees and costs to either party. See Fed. R. Civ. P.

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41(a)(1)(A)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).

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Accordingly, the Clerk of the Court is directed to terminate defendant Felicia Gitmed

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from this action. This dismissal does not affect the status of the other defendants in the action.

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IT IS SO ORDERED.

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Dated:

September 13, 2016
UNITED STATES DISTRICT JUDGE

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