Atayde v. Napa State Hospital et al

Filing 233

ORDER DIRECTING the Clerk of the Court to Terminate: TOM CAVALLERO, JASON GOINS, CLIFFORD TILLY, TAYLOR FITHIAN, HEATHER GOODE, SEAN RYAN, DEBORAH MANDUJANO, AMANDA GIBSON, AND CORINA DENNING as Defendants in this action, signed by Magistrate Judge Stanley A. Boone on 09/3/2021. (Taylor Fithian, Amanda Gibson, Jason Goins, Deborah Mandujano, Sean Ryan, Clifford Tilly, Heather Goode, Tom Cavallero and Corina Denning terminated)(Martin-Gill, S)

Case 1:16-cv-00398-DAD-SAB Document 233 Filed 09/07/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LUCY ATAYDE,

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Case No. 1:16-cv-00398-DAD-SAB

Plaintiff,

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ORDER DIRECTING THE CLERK OF THE
COURT TO TERMINATE TOM
CAVALLERO, JASON GOINS, CLIFFORD
TILLY, TAYLOR FITHIAN, HEATHER
GOODE, SEAN RYAN, DEBORAH
MANDUJANO, AMANDA GIBSON, AND
CORINA DENNING AS DEFENDANTS IN
THIS ACTION

v.

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NAPA STATE HOSPITAL, et al.,

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Defendants.

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(ECF No. 232)
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On September 3, 2021, the parties filed a stipulated notice of dismissal pursuant to

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19 Federal Rule of Civil Procedure 41(a) of Defendants Tom Cavallero, Jason Goins, Clifford Tilly,
20 Taylor Fithian, Heather Goode, Sean Ryan, Deborah Mandujano, Amanda Gibson, and Corina
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21 Denning. (ECF No. 232.) The dismissal of these Defendants is with prejudice and with each

22 party to bear their own costs and fees. (Id.) The claims against the other named Defendants are
23 not subject to the stipulation and will remain active. (Id.)
Rule 41(a) of the Federal Rules of Civil Procedure allows a party to dismiss some or all

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25 of the defendants in an action through a Rule 41(a) notice. Wilson v. City of San Jose, 111 F.3d
26 688, 692 (9th Cir. 1997); see also Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“The
27 plaintiff may dismiss either some or all of the defendants—or some or all of his claims—through
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This filing is a corrected version of an earlier version which had an incorrect signature block. (See ECF No. 231.)

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Case 1:16-cv-00398-DAD-SAB Document 233 Filed 09/07/21 Page 2 of 2

1 a Rule 41(a)(1) notice.”)); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 687
2 (9th Cir. 2005) (The Ninth Circuit has “only extended the rule to allow the dismissal of all claims
3 against one defendant, so that a defendant may be dismissed from the entire action.”). “Filing a
4 notice of voluntary dismissal with the court automatically terminates the action as to the
5 defendants who are the subjects of the notice.” Concha, 62 F.3d at 1506.
Accordingly, the Clerk of the Court is DIRECTED to terminate Defendants Tom

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7 Cavallero, Jason Goins, Clifford Tilly, Taylor Fithian, Heather Goode, Sean Ryan, Deborah
8 Mandujano, Amanda Gibson, and Corina Denning as defendants in this action.
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IT IS SO ORDERED.

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September 3, 2021
UNITED STATES MAGISTRATE JUDGE

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