Atayde v. Napa State Hospital ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LUCY ATAYDE, Case No. 1:16-cv-00398-DAD-SAB 12 Plaintiff, ORDER DIRECTING THE CLERK OF THE COURT TO TERMINATE TOM 13 v. CAVALLERO, JASON GOINS, CLIFFORD TILLY, TAYLOR FITHIAN, HEATHER 14 NAPA STATE HOSPITAL, et al., GOODE, SEAN RYAN, DEBORAH MANDUJANO, AMANDA GIBSON, AND 15 Defendants. CORINA DENNING AS DEFENDANTS IN THIS ACTION 16 (ECF No. 232) 17 18 On September 3, 2021, the parties filed a stipulated notice of dismissal pursuant to 19 Federal Rule of Civil Procedure 41(a) of Defendants Tom Cavallero, Jason Goins, Clifford Tilly, 20 Taylor Fithian, Heather Goode, Sean Ryan, Deborah Mandujano, Amanda Gibson, and Corina 21 Denning. (ECF No. 232.)1 The dismissal of these Defendants is with prejudice and with each 22 party to bear their own costs and fees. (Id.) The claims against the other named Defendants are 23 not subject to the stipulation and will remain active. (Id.) 24 Rule 41(a) of the Federal Rules of Civil Procedure allows a party to dismiss some or all 25 of the defendants in an action through a Rule 41(a) notice. Wilson v. City of San Jose, 111 F.3d 26 688, 692 (9th Cir. 1997); see also Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“The 27 plaintiff may dismiss either some or all of the defendants—or some or all of his claims—through 1 | a Rule 41(a)(1) notice.”)); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 687 2 | (9th Cir. 2005) (The Ninth Circuit has “only extended the rule to allow the dismissal of all claims 3 | against one defendant, so that a defendant may be dismissed from the entire action.”). “Filing a 4 notice of voluntary dismissal with the court automatically terminates the action as to the 5 | defendants who are the subjects of the notice.” Concha, 62 F.3d at 1506. 6 Accordingly, the Clerk of the Court is DIRECTED to terminate Defendants Tom 7 | Cavallero, Jason Goins, Clifford Tilly, Taylor Fithian, Heather Goode, Sean Ryan, Deborah 8 | Mandujano, Amanda Gibson, and Corina Denning as defendants in this action. 9 10 IT IS SO ORDERED. DAM Le 11 | Dated: _September 3, 2021 _ ef UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28