Barrera v. Home Depot U.S.A., Inc. et al

Filing 10

ORDER re 16 Stipulation to Dismiss and 7 Motion to Dismiss, signed by Chief Judge Lawrence J. O'Neill on 8/18/16. Robert Joanou terminated. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHERYL BARRERA,
Plaintiff,

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ORDER RE STIPULATION TO
DISMISS (Doc. 16) AND MOTION TO
DISMISS (Doc. 7)

v.

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1:16-cv-848-LJO-SAB

HOME DEPOT U.S.A., INC., et al.,
Defendants.

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On August 16, 2016, the parties filed a stipulation to dismiss with prejudice Plaintiff’s third,

12 fourth, and fifth causes of action under Fed. R. Civ. P. 41 (a)(1). The parties also stipulate to the
13 dismissal of Defendant Robert Joanou. The Court will construe this as a request from Plaintiff to
14 amend the complaint under Fed. R. Civ. P. 15. See Metcalf v. Countrywide Fin. Corp., No. C-09-2707
15 EDL, 2009 WL 2485750, at *1 (N.D. Cal. Aug. 11, 2009) (construing the plaintiff’s voluntary
16 dismissal of claims as amendment under Rule 15 rather than Rule 41 because “[i]t is well-established
17 . . . that Rule 41(a)(1) cannot be used to dismiss individual claims against Defendants” (citations
18 omitted)).
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Accordingly, this Court DISMISSES with prejudice (1) Robert Joanou as a Defendant in this

20 case and (2) Plaintiff’s third, fourth, and fifth causes of action. Defendant’s motion to dismiss (Doc. 7)
21 is DENIED as moot.
22 IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill _____

August 18, 2016

UNITED STATES CHIEF DISTRICT JUDGE
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