Jacquot et al v. Pack and Ship et al

Filing 8

ORDER Directing the Clerk of Court to Terminate Defendant Sunset Square signed by Magistrate Judge Erica P. Grosjean on 9/14/2017. (Jessen, A)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 DIERDRE JACQUOT, et al., 10 11 12 13 Plaintiffs v. SUNSET SQUARE, a General Partnership, et al., ORDER DIRECTING THE CLERK OF THE COURT TO TERMINATE DEFENDANT SUNSET SQUARE (ECF No. 7) Defendants. 14 15 Case No. 1:17-cv-00953-LJO-EPG On September 13, 2017, Plaintiffs filed a notice of voluntary dismissal of their claims 16 against Defendant Sunset Square. (ECF No. 7.) Thus, the claims against Defendant Sunset Square 17 have been terminated, see Fed. R. Civ. P. 41(a)(1)(A)(i); Wilson v. City of San Jose, 111 F.3d 18 688, 692 (9th Cir. 1997), and dismissed without prejudice. Concha v. London, 62 F.3d 1493, 19 1506 (9th Cir. 1995) (“Even if the defendant has filed a motion to dismiss, the plaintiff may 20 terminate his action voluntarily by filing a notice of dismissal under Rule 41(a) (1).”). 21 22 Accordingly, the Clerk of the Court is DIRECTED to terminate Defendant Sunset Square on the docket. 23 24 25 IT IS SO ORDERED. Dated: September 14, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 26 27 28 1

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