Marquez v. Temu.com et al

Filing 9

STIPULATION and ORDER DISMISSING Temu.com, signed by Magistrate Judge Sheila K. Oberto on 11/22/2024. Temu.com terminated. (Rivera, O)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT JOSEPH MARQUEZ, an individual,
Plaintiff,
v.
TEMU.COM, a Delaware Corporation; PDD
HOLDINGS, INC., f/k/a PINDUODUO, INC.,
a Delaware Corporation; WHALECO INC., a
Delaware Corporation; ANHUI
KANGFUBAO E-COMMERCE CO., LTD.,
business entity, form unknown; and DOES 1100, inclusive,
Defendants.

CASE NO. 1:24-CV-01276-SKO
STIPULATION AND ORDER
DISMISSING TEMU.COM
(Doc. 8)

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On November 20, 2024, the parties filed a Joint Stipulation of Dismissal without Prejudice
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as to Defendant Temu.com, pursuant to Federal Rule of Civil Procedure 41(a). (Doc. 8.)
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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

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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 with prejudice under Rule 41(a), this case

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has automatically terminated as to Defendant Temu.com.

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Accordingly, the Clerk of Court is directed to TERMINATE Defendant Temu.com.

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Fed. R. Civ. P. 41(a)(1)(A).

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

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IT IS SO ORDERED.
Dated:

/s/ Sheila K. Oberto

November 22, 2024

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UNITED STATES MAGISTRATE JUDGE

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