Krucki v. QC Financial Services of California, Inc., et al.

Filing 8

ORDER DIRECTING the Clerk to Terminate Defendants: Daniel Poole and Pamela Poole, signed by Magistrate Judge Sheila K. Oberto on 06/5/18. Daniel Poole and Pamela Poole terminated.(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JANET KRUCKI,

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No. 1:18-cv-00318-AWI-SKO
Plaintiff,

v.
QC FINANCIAL SERVICES OF
CALIFORNIA, INC. dba CALIFORNIA
BUDGET FINANCE, et al.,

ORDER DIRECTING THE CLERK TO
TERMINATE DEFENDANTS DANIEL
POOLE AND PAMELA POOLE
(Doc. 7)

Defendants.

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On June 4, 2018, Plaintiff filed a “Notice of Voluntary Dismissal of Party Pursuant to
F.R.C.P. 41(a)(1)(A)(i),” dismissing without prejudice Defendant Daniel Poole, as Trustee for the

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Daniel E. Poole and Pamela D. Poole Revocable Living Trust Agreement dated March 27, 2008,
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and Defendant Pamela Poole, as Trustee for the Daniel E. Poole and Pamela D. Poole Revocable
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Living Trust Agreement dated March 27, 2008. (Doc. 7.)
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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.
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 Defendant Daniel Poole, as Trustee for

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the Daniel E. Poole and Pamela D. Poole Revocable Living Trust Agreement dated March 27,

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2008, and Defendant Pamela Poole, as Trustee for the Daniel E. Poole and Pamela D. Poole

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Revocable Living Trust Agreement dated March 27, 2008. See Fed. R. Civ. P. 41(a)(1)(A)(i).

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Accordingly, the Clerk of the Court is directed to TERMINATE those defendants.
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:

June 5, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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