Mort v. Brennan ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THEODORE W. MORT, No. 1:19-cv-00652-LJO-SKO 12 Plaintiff, 13 v. ORDER GRANTING THE PARTIES’ STIPULATED REQUEST 14 MEGAN J. BRENNAN, Postmaster General United States Postal Service, et al., (Doc. 6) 15 Defendants. 16 17 18 On August 19, 2019, the parties filed a stipulation “to dismiss Americans With Disabilities 19 Claim and Extend Responsive Pleading Deadline by 28 Days Under LR 144.” (Doc. 6.) The parties 20 stipulate that Plaintiff’s claim for relief under the Americans with Disabilities Act (“ADA”), is 21 dismissed with prejudice, and that Defendant shall have up to and including September 16, 2019, 22 to respond to the remaining claims in the complaint. (Id. at 1.) 23 In relevant part, Rule 41(a)(1)(A)(ii) provides as follows: “[A] plaintiff may dismiss an 24 action without a court order by filing. . . (ii) a stipulation of dismissal signed by all parties who 25 have appeared.” Fed. R. Civ. P. 41(a)(1)(A). “The plaintiff may dismiss some or all of the 26 defendants, or some or all of his claims” through a Rule 41(a)(1) stipulation. Wilson v. City of San 27 Jose, 111 F.3d 688, 692 (9th Cir. 1997). 28 1 Because the parties stipulated to the dismissal of Plaintiff’s disability discrimination claim 2 under the ADA, 42 U.S.C. §§ 12112(a) and 12102(1) (Second Claim for Relief) (Doc. 1 ¶¶ 117– 3 135), with prejudice under Rule 41(a)(1)(A)(ii), that claim has been DISMISSED. Fed. R. Civ. P. 4 41(a)(1)(A). 5 The case shall remain OPEN pending resolution of Plaintiff’s remaining claims against 6 Defendant. 7 Pursuant to the parties’ stipulation, (Doc. 6), Defendant shall respond to the remaining 8 claims in the complaint by no later than September 16, 2019. 9 IT IS SO ORDERED. 10 Sheila K. Oberto 11 Dated: August 20, 2019 /s/ . UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28