Kent v. U.C. Davis Medical Center et al

Filing 39

ORDER signed by Magistrate Judge Allison Claire on 10/26/17 ORDERING the stipulation for dismissal of defendants Anderson and Schuber is dismissed without prejudice. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD KENT,

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Plaintiff,

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No. 2:15-cv-1924 WBS AC P

v.

ORDER

U.C. DAVIS MEDICAL CENTER, et al.,

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Defendants.

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The parties have submitted a signed stipulation for dismissal of defendants Anderson and

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Schuber. ECF No. 38. The stipulation states that dismissal is to be with prejudice. Id. at 1.

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Plaintiff’s signature is provided on the following page. Id. at 2. However, the signature page also

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contains the proposed order, which states that the parties stipulate to dismissal without prejudice

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while ordering dismissal with prejudice. Id. In order to ensure that the record is clear as to

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plaintiff’s intent in agreeing to the dismissal of these defendants, the current stipulation will be

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denied without prejudice to submission of a stipulation and proposed order that uniformly

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represents whether the claims against defendants Anderson and Schuber are to be dismissed with

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or without prejudice.

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Accordingly, IT IS HEREBY ORDERED that the stipulation for dismissal of defendants

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Anderson and Schuber is dismissed without prejudice.

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DATED: October 26, 2017

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