Lockhart v. Travelers Commercial Insurance Company ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DONALD LOCKHART and PATRICIA No. 1:21-cv-00268-DAD-SKO LOCKHART, 12 Plaintiffs, 13 ORDER DIRECTING THE CLERK TO v. TERMINATE PLAINTIFF PATRICIA 14 LOCKHART TRAVELERS COMMERCIAL 15 INSURANCE COMPANY, (Doc. 51) 16 Defendant. 17 18 19 On January 27, 2022, Plaintiff1 Patricia Lockhart filed a “Notice of Dismissal Pursuant to 20 Federal Rules of Civil Procedure 41(a) or (c).” (Doc. 51.) 21 In relevant part, Rule 41(a)(1)(A) provides as follows: 22 [A] plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for 23 summary judgment; or (ii) a stipulation of dismissal signed by all parties who have 24 appeared. 25 Fed. R. Civ. P. 41(a)(1)(A). “The plaintiff may dismiss some or all of the defendants, or some or 26 all of [their] claims, through a Rule 41(a)(1) notice,” and the dismissal “automatically terminates 27 28 1 Plaintiff Patricia Lockhart is erroneously named in the notice as a defendant. 1 the action as to the defendants who are the subjects of the notice.” Wilson v. City of San Jose, 2 111 F.3d 688, 692 (9th Cir. 1997). 3 Plaintiff Patricia Lockhart filed her notice before Defendant Travelers Commercial 4 Insurance Company served either an answer or a motion for summary judgment. As such, Plaintiff 5 has voluntarily dismissed her claims against Defendant without prejudice.2 Fed. R. Civ. P. 6 41(a)(1)(A). Accordingly, the Clerk of the Court is directed to TERMINATE Plaintiff Patricia 7 Lockhart. 8 This case shall remain OPEN pending resolution of the remaining Plaintiff Donald 9 Lockhart’s case against Defendant. 10 IT IS SO ORDERED. 11 12 Dated: January 28, 2022 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Rule 41(a)(1)(B) provides that “[u]nless the notice . . .states otherwise, the dismissal is without prejudice.”