Munoz et al v. State of California et al

Filing 13

ORDER DIRECTING the Clerk of the Court to Terminate the U.S. Army Corps of Engineers and the U.S. Department of Agriculture-Forest Service as Parties in this Action, signed by Magistrate Judge Stanley A. Boone on 6/5/2024. Defendants U.S. Army Corps of Engineers and U.S. Department of Agriculture - Forest Service TERMINATED. (Rivera, O)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 BRYAN MUNOZ, et al., Case No. 1:24-cv-00540-KES-SAB 11 Plaintiffs, ORDER DIRECTING THE CLERK OF THE COURT TO TERMINATE THE U.S. ARMY CORPS OF ENGINEERS AND THE U.S. DEPARTMENT OF AGRICULTUREFOREST SERVICE AS PARTIES IN THIS ACTION 12 v. 13 STATE OF CALIFORNIA, et al., 14 Defendants. (ECF No. 12) 15 16 17 On April 2, 2024, Brian Munoz, Maritsa Molina, Jerry Munoz-Molina, Gerardo Munoz, 18 and Angelene Munoz-Molina (“Plaintiffs”) filed this action in Tulare County Superior Court 19 against State of California, County of Tulare, U.S. Army Corps of Engineers, and U.S. 20 Department of Agriculture-Forest Service. (ECF No. 1-1). On May 7, 2024, Defendants U.S. 21 Army Corps of Engineers and U.S. Department of Agriculture-Forest Service removed this 22 action to the Eastern District of California. (ECF No. 1.) On June 4, 2024, Plaintiff filed a 23 motion to remand and stipulation to dismiss Defendants U.S. Army Corps of Engineers and U.S. 24 Department of Agriculture-Forest Service. 25 Under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, ‘a plaintiff has an 26 absolute right to voluntarily dismiss his action prior to service by the defendant of an answer or a 27 motion for summary judgment.’ ” Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 28 F.3d 1074, 1077 (9th Cir. 1999) (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1 1 1997)). The Ninth Circuit has held that Rule 41(a) allows a plaintiff to dismiss without a court 2 order any defendant who has yet to serve an answer or motion for summary judgment. Pedrina 3 v. Chun, 987 F.2d 608, 609 (9th Cir. 1993). Federal Rule of Civil Procedure 41(a)(1)(A)(ii) 4 provides that a “plaintiff may dismiss an action without a court order by filing a stipulation of 5 dismissal signed by all parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). Here, 6 although no answer or summary judgment has been filed, a stipulation has been signed by all 7 parties currently appearing in this matter. Rule 41(a) allows a party to dismiss some or all of the defendants in an action through a 8 9 Rule 41(a) notice. Wilson, 111 F.3d at 692; see also Concha v. London, 62 F.3d 1493, 1506 (9th 10 Cir. 1995) (“The plaintiff may dismiss either some or all of the defendants—or some or all of his 11 claims—through a Rule 41(a)(1) notice.”)); but see Hells Canyon Pres. Council v. U.S. Forest 12 Serv., 403 F.3d 683, 687 (9th Cir. 2005) (The Ninth Circuit has “only extended the rule to allow 13 the dismissal of all claims against one defendant, so that a defendant may be dismissed from the 14 entire action.”). “Filing a notice of voluntary dismissal with the court automatically terminates 15 the action as to the defendants who are the subjects of the notice.” Concha, 62 F.3d at 1506. “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, the 16 17 parties are left as though no action had been brought, the defendant can’t complain, and the 18 district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193 19 F.3d at 1078. Accordingly, the Clerk of the Court is DIRECTED to terminate Defendants U.S. Army 20 21 Corps of Engineers and U.S. Department of Agriculture-Forest Service as parties in this action. 22 23 IT IS SO ORDERED. 24 Dated: June 5, 2024 UNITED STATES MAGISTRATE JUDGE 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?