Atayde v. Napa State Hospital et al

Filing 235

ORDER DIRECTING the Clerk of the Court to TERMINATE California Forensic Medical Group Inc. and County of Merced, as Defendants in this Action signed by Magistrate Judge Stanley A. Boone on 10/29/2021.(Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LUCY ATAYDE,
Plaintiff,

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Case No. 1:16-cv-00398-DAD-SAB
ORDER DIRECTING THE CLERK OF THE
COURT TO TERMINATE CALIFORNIA
FORENSIC MEDICAL GROUP, INC., AND
COUNTY OF MERCED, AS DEFENDANTS
IN THIS ACTION

v.
NAPA STATE HOSPITAL, et al.,
Defendants.

(ECF No. 234)

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On October 29, 2021, the parties filed a stipulated notice of dismissal pursuant to Federal

18 Rule of Civil Procedure 41(a) of Defendants California Forensic Medical Group, Inc., and
19 County of Merced. (ECF No. 234.) The dismissal of these Defendants is with prejudice and
20 with each party to bear their own costs and fees. (Id.) The claims against the other named
21 Defendants are not subject to the stipulation and will remain active. (Id.)
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Rule 41(a) of the Federal Rules of Civil Procedure allows a party to dismiss some or all

23 of the defendants in an action through a Rule 41(a) notice. Wilson v. City of San Jose, 111 F.3d
24 688, 692 (9th Cir. 1997); see also Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“The
25 plaintiff may dismiss either some or all of the defendants—or some or all of his claims—through
26 a Rule 41(a)(1) notice.”)); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 687
27 (9th Cir. 2005) (The Ninth Circuit has “only extended the rule to allow the dismissal of all claims
28 against one defendant, so that a defendant may be dismissed from the entire action.”). “Filing a

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1 notice of voluntary dismissal with the court automatically terminates the action as to the
2 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 California

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4 Forensic Medical Group, Inc., and County of Merced, as defendants in this action.
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IT IS SO ORDERED.

7 Dated:

October 29, 2021
UNITED STATES MAGISTRATE JUDGE

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