Nautilus Insurance Company v. La Nueva Estrella, LLC, et al.

Filing 34

ORDER RE: Stipulated Request for Dismissal of Certain Defendants and Notice of Voluntary Dismissal of Remaining Defendants signed by Magistrate Judge Erica P. Grosjean on 04/23/2019. CASE CLOSED. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NAUTILUS INSURANCE COMPANY, Plaintiff, 12 v. 13 14 LA NUEVA ESTRELLA LLC, et al., (ECF Nos. 32, 33) 16 17 19 ORDER RE: STIPULATED REQUEST FOR DISMISSAL OF CERTAIN DEFENDANTS AND NOTICE OF VOLUNTARY DISMISSAL OF REMAINING DEFENDANTS Defendants. 15 18 Case No. 1:18-cv-00206-LJO-EPG On April 2, 2019, Plaintiff Nautilus Insurance Company, by and through its attorneys of record Selman Breitman, LLP, and the following Defendants, filed a stipulation to dismiss the entire action: 20 • La Nueva Estrella, LLC, by and through their attorneys of record Arthofer & Tonkin; 21 • Jennifer Judith Rivera Nunez, by and through her Guardian ad Litem Diafra Rivera 22 23 Cruz, by and through her attorney of record the Law Offices of Jake D. Finkel, APC; • 24 Angel Perez Ramirez (on behalf of Fernando Ramirez, deceased, and Petra Carrillo, 25 deceased), by and through their attorneys of record Perez, Williams, Medina & 26 27 28 Imelda Ramirez Carrillo, Maria Lilia Ramirez Carrillo, Anayeli Perez Ramirez, and Luis Rodriguez, LLP; • Adelina Campos de Morales, individually and on behalf of the Estate of Jose Morales 1 Bravo, Jose Morales Campos, Eva Marie Tamayo, Ana I. Leyva, and Fernando Morales 2 Campos (on behalf of Jose Morales Bravo, deceased), by and through their attorney of 3 record Shane Law; and 4 • Victor Arteaga, Victor Hernandez Santos, Giovanna Vazquez Martinez, Carmelo 5 Gonzales Sanchez, Florina Lopez de Ruiz, and Maria Consuelo Olivares Ochoa, by and 6 through their attorneys of record Law Offices of Brown & Gessell. 7 (ECF No. 32.) In light of the stipulation, these defendants are dismissed without prejudice. See 8 Fed. R. Civ. P. 41(a)(1)(A); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). On April 19, 2019, Plaintiff, Nautilus Insurance Company, by and through its attorneys 9 10 of record Selman Breitman, LLP, filed a notice of voluntary dismissal of the following 11 remaining defendants in this action: 12 • Adelina Campos de Morales, individually and on behalf of the Estate of Jose Morales Campos, deceased; 13 14 • Jose Morales Campos, son of decedent, Jose Morales Campos; 15 • Eva Marie Tamayo; 16 • Ana I Leyva; 17 • Fernando Morales Campos; 18 • Autobuses Coordinados U.S.A., Inc.; 19 • Mario David Vasquez; 20 • Eva Mariscal Lopez, individually and on behalf of Jaime de Los Santos; 21 • Vanesa De Los Santos, individually and on behalf of Jaime de Los Santos; 22 • Benjamin Acosta; 23 • Paula Gutierrez; 24 • Leonardo Sanchez Martinez; 25 • Juan Vasquez; 26 • Tres Estrella de Oro; and 27 • Futura Bus Net, Inc. 28 (ECF No. 33.) These remaining defendants have not filed either an answer or a motion for 2 1 summary judgment. Accordingly, in light of the notice, these remaining defendants are 2 dismissed without prejudice. See Fed. R. Civ. P. 41(a)(1)(A); Wilson, 111 F.3d at 692. 3 Through the stipulation (ECF No. 32) and voluntary dismissal (ECF No. 33) all 4 defendants in this action have been automatically dismissed, and the case has ended and is 5 dismissed in its entirety without prejudice. See Fed. R. Civ. P. 41(a)(1)(A); Wilson, 111 F.3d at 6 692. Accordingly, the Clerk of the Court is respectfully directed to close this case. 7 8 9 IT IS SO ORDERED. Dated: April 23, 2019 /s/ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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