Baday v. County of Kings, et al.

Filing 41

ORDER directing Clerk to terminate Defendant, Daniel Brown 38 signed by Magistrate Judge Sheila K. Oberto on 2/18/2021. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KARLA BADAY, 12 13 14 15 No. 1:20-cv-00644-NONE-SKO Plaintiff, v. COUNTY OF KINGS, et. al., ORDER DIRECTING THE CLERK TO TERMINATE DEFENDANT DANIEL BROWN (Doc. 38) Defendants. 16 17 On February 17, 2021, the parties filed a stipulation dismissing Defendant Brown, without 18 prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). (Doc. 38.) 19 In relevant part, Rule 41(a)(1)(A) provides as follows: 20 21 22 23 24 [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 all of his claims, through a Rule 41(a)(1) notice,” and the dismissal “automatically terminates the 25 action as to the defendants who are the subjects of the notice.” Wilson v. City of San Jose, 111 26 F.3d 688, 692 (9th Cir. 1997). 27 Because the parties filed a stipulation of dismissal without prejudice under Rule 28 1 41(a)(1)(A)(ii), this case has automatically terminated as to Defendant Daniel Brown. Fed. R. Civ. 2 P. 41(a)(1)(A). Accordingly, the Clerk of the Court is directed to TERMINATE Defendant Daniel 3 Brown. 4 5 This case shall remain OPEN pending resolution of Plaintiff’s case against the remaining defendants. 6 7 8 9 IT IS SO ORDERED. Dated: February 18, 2021 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 .

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