Villegas v. KC Prop, LLC et al

Filing 29

ORDER DIRECTING the Clerk to TERMINATE Defendant KC Prop, LLC signed by Magistrate Judge Sheila K. Oberto on 12/17/2018. (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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LUIS VILLEGAS,

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No. 1:18-cv-00274-SKO

Plaintiff,
v.

ORDER DIRECTING THE CLERK TO
TERMINATE DEFENDANT KC PROP, LLC

KC PROP, LLC, et al.,
(Doc. 28)
Defendants.

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On December 17, 2018, the parties filed a stipulation of dismissal of Defendant KC Prop,
LLC, with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). (Doc. 28.)
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 the parties filed a stipulation of dismissal with prejudice under Rule

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41(a)(1)(A)(ii), this case has automatically terminated as to Defendant KC Prop, LLC. Fed. R. Civ.

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

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LLC.
This case shall remain OPEN pending resolution of Plaintiff’s case against the remaining

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defendant.

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IT IS SO ORDERED.
Dated:

December 17, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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