Colonize Media, Inc. v. Palmer ( 2021 )

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 11 COLONIZE MEDIA, INC., ) Case No.: 1:20-cv-01053-DAD-SAB ) 12 Plaintiffs, ) ) ORDER DIRECTING THE CLERK OF THE 13 COURT TO TERMINATE TRIWOLF MEDIA, v. ) LLC AND TANGO MULTI MEDIA 14 ) PRODUCTIONS, LLC AS A PARTY IN THIS TATE A. PALMER, et al., ) ACTION AND DIRECTING PLAINTIFF TO 15 ) FILE PROOF OF SERVICE FOR DEFENDANT Defendants. ) TATE A. PALMER 16 ) (ECF No. 27) 17 ) ) 18 ) DEADLINE: APRIL 21, 2021 19 20 Plaintiff Colonize Media, Inc. filed this action alleging violation of the Trade Secrets Act, 18 21 U.S.C. § 1836 et seq. and California law against Defendants Tate A. Palmer, Triwolf Media, LLC and 22 Tango Multi Media, LLC. Defendants Tango Multi Media, LLC and Triwolf Media, LLC filed an 23 answer on January 11, 2021. On January 19, 2021, an order issued extending time for Plaintiff to serve 24 Defendant Tate A. Palmer and he was to be served within ninety days. 25 26 On April 2, 2021, an stipulation was filed to dismiss the complaint as to Defendants Tango 27 Multi Media, LLC and Triwolf Media, LLC. Rule 41(a) of the Federal Rules of Civil Procedure allows 28 1 party to dismiss some or all of the defendants in an action through a Rule 41(a) notice. Wilson ° 2 City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); see also Concha v. London, 62 F.3d 1493, 15C 3 (9th Cir. 1995) (“The plaintiff may dismiss either some or all of the defendants—or some or all of h claims—through a Rule 41(a)(1) notice.”)); but see Hells Canyon Pres. Council v. U.S. Forest Serv 6 403 F.3d 683, 687 (9th Cir. 2005) (The Ninth Circuit has “only extended the rule to allow the dismiss: 7 || of all claims against one defendant, so that a defendant may be dismissed from the entire action.” 8 || ““Filing a notice of voluntary dismissal with the court automatically terminates the action as to tk 9 || defendants who are the subjects of the notice.” Concha, 62 F.3d at 1506. 10 The stipulation does not dismiss the action in it entirety and this action remains open as to tt claims against Defendant Tate. Plaintiff has been granted an extension of time to April 19, 2021, 1 13 serve Defendant Tate. Plaintiff is required to file proof that Defendant Tate has been served with th 14 Summons and complaint. 15 Accordingly, IT IS HEREBY ORDERED that: 16 1. The Clerk of the Court is DIRECTED to terminate Defendants Tango Multi Media, LL and Triwolf Media, LLC as a defendant in this action; 2. Plaintiff shall file proof that the summons and complaint have been served on Defendai Palmer on or before April 21, 2021; and 3. Plaintiff is advised that failure to comply with this order may result in the issuance ¢ 22 sanctions. 23 24 IT IS SO ORDERED. OF 1 (ce Dated: _ April 2, 2021 26 UNITED STATES MAGISTRATE JUDGE 27 28