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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THOMAS JAMES CORRIGAN, et al.,
Plaintiffs,

ORDER DIRECTING THE CLERK TO
TERMINATE DEFENDANT JOSEPH
BOBERG

v.

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No. 1:20-cv-00931-ADA-SKO

COUNTY OF CALAVERAS, et al.,
(Doc. 58)
Defendants.

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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.)

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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 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 the parties filed a stipulation of dismissal without prejudice under Rule 41(a), this

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case has automatically terminated as to Defendant Joseph Boberg. Fed. R. Civ. P. 41(a)(1)(A).

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Accordingly, the Clerk of Court is directed to TERMINATE Defendant Joseph Boberg.

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This case shall remain OPEN pending resolution of Plaintiffs’ case against the remaining
defendants.

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IT IS SO ORDERED.
Dated:

/s/ Sheila K. Oberto

January 18, 2023

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UNITED STATES MAGISTRATE JUDGE

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