Corrigan, et al. v. County of Calaveras, et al.

Filing 60

ORDER DIRECTING the Clerk to Terminate Defendant Joseph Boberg, signed by Magistrate Judge Sheila K. Oberto on 1/18/2023. Joseph Boberg terminated. This case shall remain OPEN pending resolution of Plaintiffs' case against the remaining defendants. (Rivera, O)

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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 12 13 THOMAS JAMES CORRIGAN, et al., Plaintiffs, ORDER DIRECTING THE CLERK TO TERMINATE DEFENDANT JOSEPH BOBERG v. 14 15 16 No. 1:20-cv-00931-ADA-SKO COUNTY OF CALAVERAS, et al., (Doc. 58) Defendants. 17 18 19 20 On January 17, 2023, the parties filed a Stipulation for Voluntary Dismissal of Defendant Joseph Boberg without prejudice, pursuant to Federal Rule of Civil Procedure 41(a). (Doc. 58.) 21 In relevant part, Rule 41(a)(1)(A) provides as follows: 22 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. 25 Fed. R. Civ. P. 41(a)(1)(A). “The plaintiff may dismiss some or all of the defendants, or some or 26 all of his claims, through a Rule 41(a)(1) notice,” and the dismissal “automatically terminates the 27 action as to the defendants who are the subjects of the notice.” Wilson v. City of San Jose, 111 23 28 1 F.3d 688, 692 (9th Cir. 1997). 2 Because the parties filed a stipulation of dismissal without prejudice under Rule 41(a), this 3 case has automatically terminated as to Defendant Joseph Boberg. Fed. R. Civ. P. 41(a)(1)(A). 4 Accordingly, the Clerk of Court is directed to TERMINATE Defendant Joseph Boberg. 5 6 This case shall remain OPEN pending resolution of Plaintiffs’ case against the remaining defendants. 7 8 9 10 IT IS SO ORDERED. Dated: /s/ Sheila K. Oberto January 18, 2023 . UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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