Medina et al v. United States of America et al

Filing 14

ORDER RE: Notice of Dismissal of Defendant United States of America without Prejudice and Amending Caption signed by Magistrate Judge Erica P. Grosjean on 11/18/2021. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRADLEY MEDINA, et al.,

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Plaintiffs,

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v.
COURTNEY L. MAPES, M.D.,

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Case No. 1:21-cv-00844-NONE-EPG

ORDER RE: NOTICE OF DISMISSAL OF
DEFENDANT UNITED STATES OF
AMERICA WITHOUT PREJUDICE AND
AMENDING CAPTION

Defendant.
(ECF No. 13)

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On November 17, 2021, the parties filed a stipulation to dismiss Defendant United States

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of America.1 (ECF No. 13.) Therefore, pursuant to Plaintiff’s notice, this case is dismissed only

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as to Defendant United States of America. See Fed. R. Civ. P. 41(a)(1)(A); Wilson v. City of San

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Jose, 111 F.3d 688, 692 (9th Cir. 1997). In light of the dismissal, the caption is amended as set

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forth above.

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///

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///

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///

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///

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The stipulation does not state whether the dismissal was with or without prejudice. (See ECF no. 13.) “Unless the
notice or stipulation states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any
federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication
on the merits.” Fed. R. Civ. P. 41(a)(1)(B).
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Accordingly, the Clerk of the Court is respectfully directed to terminate only Defendant
United States of America on the docket.

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IT IS SO ORDERED.
Dated:

November 18, 2021

/s/
UNITED STATES MAGISTRATE JUDGE

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