Keith Komarnicki v. LinkUs Enterprises, LLC et al

Filing 26

ORDER signed by Magistrate Judge Sheila K. Oberto on 2/21/2017 directing the Clerk to terminate Defendants, LinkUs Enterprises, Inc. and Linkus CA re 25 . (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 KEITH KOMARNICKI, on behalf of himself and all others similarly situated,, Plaintiff(s), 13 14 15 16 v. LINKUS ENTERPRISES, LLC, et al., No. 1:16-cv-01602-DAD-SKO ORDER DIRECTING THE CLERK TO TERMINATE DEFENDANTS LINKUS ENTERPRISES, INC. AND LINKUS CA (Doc. No. 25) Defendants. 17 18 On February 17, 2017, Plaintiff filed a notice of voluntary dismissal of Defendants 19 LinkUs Enterprises, Inc. and LinkUs CA without prejudice, pursuant to Federal Rule of Civil 20 Procedure 41(a)(1)(A)(i). (Doc. No. 25.) 21 In relevant part, Rule 41(a)(1)(A) provides as follows: 22 24 [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. 25 Fed. R. Civ. P. 41(a)(1)(A). “The plaintiff may dismiss some or all of the defendants, or some or 26 all of his claims, through a Rule 41(a)(1) notice,” and the dismissal “automatically terminates the 27 action as to the defendants who are the subjects of the notice.” Wilson v. City of San Jose, 111 23 28 1 F.3d 688, 692 (9th Cir. 1997). 2 Because Plaintiff filed a notice of dismissal of this case without prejudice under Rule 3 41(a)(1)(A)(i), this case has automatically terminated as to Defendants LinkUs Enterprises, Inc. 4 and LinkUs CA. Fed. R. Civ. P. 41(a)(1)(A)(i). Accordingly, the Clerk of the Court is directed to 5 TERMINATE Defendants LinkUs Enterprises, Inc. and LinkUs CA. This case shall remain OPEN pending resolution of the Plaintiff’s case against the 6 7 remaining defendants. 8 9 10 IT IS SO ORDERED. Dated: February 21, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 .

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