Schubert v. Hartford Life and Accident Insurance Company et al

Filing 10

ORDER re 9 Stipulation to dismiss Trinity Health Welfare Benefit Plan signed by Magistrate Judge Stanley A. Boone on 6/4/2018. (Lundstrom, T)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10

TERILYN SCHUBERT,

11
12
13

Plaintiff,
v.
HARTFORD LIFE AND ACCIDENT
INSURANCE COMPANY; et al.,

14
Defendants.
15

)
)
)
)
)
)
)
)
)
)
)
)

Case No. 1:18-cv-00481-LJO-SAB
ORDER RE STIPULATION TO DISMISS
TRINITY HEALTH WELFARE BENEFIT
PLAN
(ECF No. 9)

16
17

On June 4, 2018, the parties filed a stipulation to dismiss Trinity Health Welfare Benefit Plan

18

from this action. (ECF No. 9.) “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to

19

voluntarily dismiss his action prior to service by the defendant of an answer or a motion for summary

20

judgment.’ ” Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir.
1999) (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has

21
held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet to
22

serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th Cir.

23

1993). Rule 41(a) allows a party to dismiss some or all of the defendants in an action through a Rule

24

41(a) notice. Wilson, 111 F.3d at 692. Here, no defendant has filed an answer or motion for

25
1

1

summary judgment.
In light of the stipulation of the parties, IT IS HEREBY ORDERED that Defendant Trinity

2
3

Health Welfare Benefit Plan only shall be dismissed from this action without prejudice.

4
IT IS SO ORDERED.
5
Dated:
6

June 4, 2018
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
2