Johana Martinez v. Enderton et al

Filing 40

ORDER Directing the Clerk to Terminate Defendant Kaweah Delta Health Care District signed by Magistrate Judge Sheila K. Oberto on 08/24/2018. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHANA MARTINEZ,

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Plaintiff,

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No. 1:16-cv-01556-LJO-SKO

v.
KAWEAH DELTA HEALTH CARE
DISTRICT, et al.,

ORDER DIRECTING THE CLERK TO
TERMINATE DEFENDANT KAWEAH
DELTA HEALTH CARE DISTRICT
(Doc. 39)

Defendants.

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On August 23, 2018, the parties filed a stipulation of dismissal of Defendant Kaweah Delta

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Health Care District with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). (Doc.

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39.)

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In relevant part, Rule 41(a)(1)(A) provides as follows:

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[A] plaintiff may dismiss an action without a court order by filing: (i) a notice of
dismissal before the opposing party serves either an answer or a motion for
summary judgment; or (ii) a stipulation of dismissal signed by all parties who have
appeared.

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Fed. R. Civ. P. 41(a)(1)(A). “The plaintiff may dismiss some or all of the defendants, or some or

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all of his claims, through a Rule 41(a)(1) notice,” and the dismissal “automatically terminates the

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action as to the defendants who are the subjects of the notice.” Wilson v. City of San Jose, 111

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F.3d 688, 692 (9th Cir. 1997).

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Because the parties filed a stipulation of dismissal with prejudice under Rule

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41(a)(1)(A)(ii), this case has automatically terminated as to Defendant Kaweah Delta Health Care

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District.

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TERMINATE Defendant Kaweah Delta Health Care District.

Accordingly, the Clerk of the Court is directed to

This case shall remain OPEN pending resolution of Plaintiff’s case against the remaining

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Fed. R. Civ. P. 41(a)(1)(A).

defendant.

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IT IS SO ORDERED.
Dated:

August 24, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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