Choumas Produce Co., Inc. v. Academy Fruit Sales, LLC, et al.

Filing 38

ORDER DIRECTING Clerk of Court to CLOSE CASE signed by Magistrate Judge Sheila K. Oberto on 6/6/2018. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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vs.
ACADEMY FRUIT COMPANY, LLC, et al., )
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Defendants.
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CHOUMAS PRODUCE CO, INC.,

No. 1:18-cv-00457-LJO-SKO
ORDER DIRECTING CLERK OF
COURT TO CLOSE CASE
(Doc. 37)

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On June 6, 2018, Plaintiff filed a “Stipulation of Dismissal of Gary Dean Scarborough

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and Voluntary Dismissal of Academy Fruit Company, LLC and Jayson Paul T. Scarborough,”

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which dismisses Defendant Gary Dean Scarborough with prejudice pursuant to Federal Rule of

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Civil Procedure 41(a)(1)(A)(ii), and dismisses Defendants Academy Fruit Company, LLC and

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Jayson Paul T. Scarborough without prejudice pursuant to Federal Rule of Civil Procedure

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41(a)(1)(A)(i). (Doc. 37.)

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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.

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Fed. R. Civ. P. 41(a)(1)(A). “The plaintiff may dismiss some or all of the defendants, or some

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or all of his claims, through a Rule 41(a)(1) notice,” and the dismissal “automatically

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terminates the action as to the defendants who are the subjects of the notice.” Wilson v. City of

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San Jose, 111 F.3d 688, 692 (9th Cir. 1997).

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Because the parties have filed a stipulation for dismissal of Defendant Gary Dean

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Scarborough with prejudice under Rule 41(a)(1)(A)(ii) that is signed by all parties who have

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made an appearance, this case has terminated as to that defendant.

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41(a)(1)(A)(ii). In addition, Plaintiff has filed a notice of dismissal of Defendants Academy

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Fruit Company, LLC, and Jayson Paul T. Scarborough without prejudice before they served

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either an answer or a motion for summary judgment. As such, Plaintiff has voluntarily

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dismissed those defendants without prejudice pursuant to Rule 41(a)(1)(A)(i).

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Fed. R. Civ. P.

Accordingly IT IS HEREBY ORDERED that the Clerk of the Court close this case.

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IT IS SO ORDERED.
Dated:

June 6, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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