Avalos v. Sidhu, et al.

Filing 20

ORDER DIRECTING the Clerk to Terminate Defendants Baljit Singh Sidhu and Navjeet Singh Cahal, signed by Magistrate Judge Sheila K. Oberto on 2/16/2021. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GEORGE AVALOS,

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No. 1:20-cv-01602-NONE-SKO

Plaintiff,
v.
BALJIT SINGH SIDHU, NAVJEET
SINGH CAHAL, and KAMALJIT BRAR,
Defendants.

ORDER DIRECTING THE CLERK TO
TERMINATE DEFENDANTS BALJIT
SINGH SIDHU AND NAVJEET SINGH
CAHAL
(Doc. 19)

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On February 12, 2021, Plaintiff filed a Notice of Voluntary Dismissal Without Prejudice as
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to Baljit Singh Sidhu and Navjeet Singh Cahal Only, pursuant to Federal Rule of Civil Procedure
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41(a)(1)(A). (Doc. 19.)
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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.
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
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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Plaintiff filed its notice before Defendants Baljit Singh Sidhu and Navjeet Singh Cahal

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

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dismissed Baljit Singh Sidhu and Navjeet Singh Cahal without prejudice and this case has

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automatically terminated as to those defendants. Fed. R. Civ. P. 41(a)(1)(A). Accordingly, the

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Clerk of the Court is directed to TERMINATE Defendants Baljit Singh Sidhu and Navjeet Singh

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Cahal.

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This case shall remain OPEN pending resolution of Plaintiff’s case against the remaining
defendant.

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IT IS SO ORDERED.
Dated:

February 16, 2021

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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