C.F. v. Kern High School District ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 G.F., by and through her guardian ad litem ) Case No.: 1:19-cv-01571- DAD JLT REGINA FERNANDEZ, ) 11 ) ORDER DIRECTING THE CLERK OF COURT Plaintiff, ) TO CLOSE THIS ACTION AS TO 12 ) DEFENDANT BRANDI BALL AND TO v. ) UPDATE THE DOCKET 13 ) KERN HIGH SCHOOL DISTRICT, et al., ) (Doc. 13) 14 ) Defendants. ) 15 16 The parties have stipulated to the dismissal of defendant Brandi Ball “from all causes of action” 17 without prejudice. (Doc. 13 at 1) In addition, the parties stipulated to the dismissal of the sixth cause 18 of action to the extent it was stated against defendants Ed Watts and Robert Moore. (Id. at 2) Pursuant 19 to Fed.R.Civ.P. 41(a)(1)(A)(ii), a plaintiff may dismiss claims “without a court order by filing . . . a 20 stipulation of dismissal signed by all parties who have appeared.” Because all remaining parties that 21 have appeared signed the stipulation, it “automatically” terminated the identified claims. Wilson v. City 22 of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Thus, the Clerk of Court is DIRECTED to close this 23 action only as to Defendant Brandi Ball and update the docket. 24 25 IT IS SO ORDERED. 26 Dated: January 13, 2020 /s/ Jennifer L. Thurston 27 UNITED STATES MAGISTRATE JUDGE 28