Hyphy Music, Inc. v. Hernandez, et al.

Filing 9

ORDER DIRECTING the Clerk to TERMINATE Defendants Kevin Berger, Javier Morales, and Joel Medina signed by Magistrate Judge Sheila K. Oberto on 3/24/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HYPHY MUSIC, INC.,

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No. 1:17-cv-00182-DAD-SKO

Plaintiff,
v.
JOSE DAVID HERNADEZ, et al.,
Defendants.

ORDER DIRECTING THE CLERK TO
TERMINATE DEFENDANTS KEVIN
BERGER, JAVIER MORALES, AND JOEL
MEDINA
(Doc. No. 8)

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On March 23, 2017, Plaintiff filed a notice of voluntary dismissal of Defendants Kevin

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Berger, Javier Morales, and Joel Medina without prejudice, pursuant to Federal Rule of Civil

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Procedure 41(a)(1)(A)(i). (Doc. No. 8.)

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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 Plaintiff filed a notice of dismissal of this case without prejudice under Rule

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41(a)(1)(A)(i), this case has automatically terminated as to Defendants Kevin Berger, Javier

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Morales, and Joel Medina. Fed. R. Civ. P. 41(a)(1)(A)(i). Accordingly, the Clerk of the Court is

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directed to TERMINATE Defendants Kevin Berger, Javier Morales, and Joel Medina.
This case shall remain OPEN pending resolution of the Plaintiff’s case against the

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remaining defendants.

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IT IS SO ORDERED.
Dated:

March 24, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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