Iglesia Ni Cristo v. Cayabyab et al

Filing 178

ORDER DISMISSING ACTION AS TO ALL DEFENDANTS EXCEPT DEFENDANT ALLAN VILLANUEVA; AND ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED AS TO DEFENDANT ALLAN VILLANUEVA. Show Cause Response due by 9/17/2021. Signed by Judge Beth Labson Freeman on 9/9/2021. (blflc1S, COURT STAFF) (Filed on 9/9/2021)

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Case 5:18-cv-00561-BLF Document 178 Filed 09/09/21 Page 1 of 1 1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 SAN JOSE DIVISION 5 6 IGLESIA NI CRISTO, 7 Plaintiff, 8 9 10 v. LUISITO E CAYABYAB, et al., Defendants. ORDER DISMISSING ACTION AS TO ALL DEFENDANTS EXCEPT DEFENDANT ALLAN VILLANUEVA; AND ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED AS TO DEFENDANT ALLAN VILLANUEVA [Re: ECF 177] 11 United States District Court Northern District of California Case No. 18-cv-00561-BLF 12 13 On September 8, 2021, all remaining parties in the case except Defendant Allan Villanueva 14 filed a Joint Stipulation of Voluntary Dismissal, stipulating to dismissal of the action with 15 prejudice. See Joint Stipulation, ECF 177. Because Defendant Villanueva has appeared and has 16 not joined the stipulation, the stipulation is not sufficient to effect a voluntary dismissal of the 17 action. See Fed. R. Civ. P. 41(a)(1)(A)(ii). A court order therefore is required to dismiss the 18 action as to any defendant. See Fed. R. Civ. P. 41(a)(2). The Court finds it appropriate to dismiss 19 the action as to all defendants who have stipulated to dismissal. Accordingly, the action is 20 DISMISSED WITH PREJUDICE as to Defendants Luisito E. Cayabyab, Rolando Dizon, Jr., H20 21 NOW USA, Lionel Roque De La Uso, Allan Monte De Ramos, Jesle Llaban Kuizon, Edwin 22 Lionel R. Mora, and Leizl Dias-DeoCampo. 23 It appears that Plaintiff wishes to voluntarily dismiss its claims against Defendant Allan 24 Villanueva as well. The parties are ORDERED TO SHOW CAUSE, in writing and on or before 25 September 17, 2021, why the action should not also be dismissed with prejudice as to Defendant 26 Allan Villanueva. 27 Dated: September 9, 2021 28 ______________________________________ BETH LABSON FREEMAN United States District Judge

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