Johnston Farms v. Fresh Growers Direct, Inc. et al

Filing 19

ORDER Directing the Clerk to Terminate Defendants Fresh Growers Direct, Inc. and Gill Goldman signed by Magistrate Judge Sheila K. Oberto on 10/30/2017. (Flores, E)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHNSTON FARMS, 12 13 14 15 No. 1:17-cv-00016-LJO-SKO Plaintiff, v. FRESH GROWERS DIRECT, INC., et al, Defendants. ORDER DIRECTING THE CLERK TO TERMINATE DEFENDANTS FRESH GROWERS DIRECT, INC. and GILL GOLDMAN (Doc. 18) 16 17 On October 25, 2017, Plaintiff filed a notice of voluntary dismissal of Defendants Fresh 18 Growers Direct, Inc. and Gill Goldman without prejudice, pursuant to Federal Rule of Civil 19 Procedure 41(a)(1)(A)(i). (Doc. 18.) 20 In relevant part, Rule 41(a)(1)(A) provides as follows: 21 23 [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. 24 Fed. R. Civ. P. 41(a)(1)(A). “The plaintiff may dismiss some or all of the defendants, or some or 25 all of his claims, through a Rule 41(a)(1) notice,” and the dismissal “automatically terminates the 26 action as to the defendants who are the subjects of the notice.” Wilson v. City of San Jose, 111 27 F.3d 688, 692 (9th Cir. 1997). 22 28 1 Because Plaintiff filed a notice of dismissal of this case without prejudice under Rule 2 41(a)(1)(A)(i), this case has automatically terminated as to Defendants Fresh Growers Direct, Inc. 3 and Gill Goldman. Fed. R. Civ. P. 41(a)(1)(A)(i). Accordingly, the Clerk of the Court is directed 4 to TERMINATE Defendants Fresh Growers Direct, Inc. and Gill Goldman. This case shall remain OPEN pending resolution of Plaintiff’s case against the remaining 5 6 defendant. 7 8 9 IT IS SO ORDERED. Dated: October 30, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 .

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?