Acosta v. Damian, et al.

Filing 25

ORDER Directing the Clerk to Terminate Defendant: John Kojigian, Jr ;this case shall remain OPEN pending resolution of Plaintiffs case against the remaining defendant, signed by Magistrate Judge Sheila K. Oberto on 05/9/18. (Martin-Gill, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JOSE ACOSTA,

12

Plaintiff,

13
14

No. 1:17-cv-01533-DAD-SKO

v.
ALI SADIK, et al,,

15

Defendants.

ORDER DIRECTING THE CLERK TO
TERMINATE DEFENDANT JOHN
KOJIGIAN, JR.
(Doc. 24)

16
17
On May 8, 2018, Plaintiff filed a Stipulation for Voluntary Dismissal of Defendant John
18
Kojigian, Jr. with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). (Doc. 24.)
19
In relevant part, Rule 41(a)(1)(A) provides as follows:
20
[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.

21
22
23
24
25

Fed. R. Civ. P. 41(a)(1)(A). “The plaintiff may dismiss some or all of the defendants, or some or
all of his claims, through a Rule 41(a)(1) notice,” and the dismissal “automatically terminates the
action as to the defendants who are the subjects of the notice.” Wilson v. City of San Jose, 111

26
F.3d 688, 692 (9th Cir. 1997).
27
//
28

1

Because Plaintiff filed a stipulation of dismissal of this case with prejudice under Rule

2

41(a)(1)(A)(i), this case has automatically terminated as to Defendant John Kojigian, Jr. Fed. R.

3

Civ. P. 41(a)(1)(A). Accordingly, the Clerk of the Court is directed to TERMINATE Defendant

4

John Kojigian, Jr.
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:

May 9, 2018

/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

.