Smith v. Ethicon, Inc. ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JANEEN SMITH, Case No.: 1:20-cv-00130-AWI-JLT 12 Plaintiff, ORDER CLOSING COUNTS I (IN PART) II, III, IV, V, XI, XII, XIII, XV AND XVI 13 v. (IN PART) OF THE COMPLAINT (Doc. 51) 14 ETHICON, INC., et al., 15 Defendants. 16 17 The parties have stipulated to dismiss counts I (to the extent based on failure to warn or 18 manufacturing defect) II, III, IV, V, XI, XII, XIII, XV AND XVI (to the extent it is based on 19 the abandoned claims) of the complaint with prejudice. (Doc. 51) The Federal Rules of Civil 20 Procedure Rule 41 makes such stipulations effective immediately with further order of the 21 Court. Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 1 Accordingly, the Clerk of Court is DIRECTED to close this action as to counts I (to the 2 extent based on failure to warn or manufacturing defect) II, III, IV, V, XI, XII, XIII, XV AND 3 XVI (to the extent it is based on the abandoned claims). 4 IT IS SO ORDERED. 5 6 Dated: April 24, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27