Courthouse News Service v. Toste ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 COURTHOUSE NEWS SERVICE, Case No. 1:21-cv-01790-ADA-SAB 12 Plaintiff, AMENDED ORDER DIRECTING THE CLERK OF THE COURT TO TERMINATE 13 v. AMANDA TOSTE AS A DEFENDANT IN THIS ACTION 14 AMANDA TOSTE, et al., (ECF No. 31) 15 Defendants. 16 17 On March 1, 2023, the parties filed a stipulated dismissal pursuant to Federal Rule of Civil 18 Procedure 41(a) as to the dismissal of Defendant Amanda Toste, in her official capacity as court 19 executive officer/clerk of the Merced County Superior Court. (ECF No. 31.) The dismissal of 20 this Defendant is with prejudice. (Id.) The claims against the other named Defendants are not 21 subject to the stipulation and will remain active. (Id.) 22 Rule 41(a) of the Federal Rules of Civil Procedure allows a party to dismiss some or all of 23 the defendants in an action through a Rule 41(a) notice. Wilson v. City of San Jose, 111 F.3d 24 688, 692 (9th Cir. 1997); see also Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“The 25 plaintiff may dismiss either some or all of the defendants—or some or all of his claims—through 26 a Rule 41(a)(1) notice.”)); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 687 27 (9th Cir. 2005) (The Ninth Circuit has “only extended the rule to allow the dismissal of all claims against one defendant, so that a defendant may be dismissed from the entire action.”). “Filing a 1] notice of voluntary dismissal with the court automatically terminates the action as to the 2 defendants who are the subjects of the notice.” Concha, 62 F.3d at 1506. 3 Accordingly, the Clerk of the Court is DIRECTED to terminate Defendant Amanda Toste 4| asa defendant in this action. 5 6 IT IS SO ORDERED. DAA Le 7 | Dated: _March 3, 2023 _ UNITED STATES MAGISTRATE JUDGE 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28