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, ORDER DIRECTING THE CLERK OF THE COURT TO TERMINATE HEATHER 13 v. PUGH AND SHAWN LANDRY AS DEFENDANTS IN THIS ACTION 14 AMANDA TOSTE, et al., (ECF Nos. 34, 35) 15 Defendants. 16 17 On March 3, 2023, the parties filed a stipulated dismissal pursuant to Federal Rule of Civil 18 Procedure 41(a) as to the dismissal of Defendants Heather Pugh, in her official capacity as Court 19 Executive Officer/Clerk of the Yuba County Superior Court, and Shawn Landry, in his official 20 capacity as Court Executive Officer/Clerk of the Yolo County Superior Court. (ECF Nos. 34, 21 35.) The dismissal of these Defendants is with prejudice. (Id.) The claims against the other 22 named Defendants are not subject to the stipulation and will remain active. (Id.) 23 Rule 41(a) of the Federal Rules of Civil Procedure allows a party to dismiss some or all of 24 the defendants in an action through a Rule 41(a) notice. Wilson v. City of San Jose, 111 F.3d 25 688, 692 (9th Cir. 1997); see also Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“The 26 plaintiff may dismiss either some or all of the defendants—or some or all of his claims—through 27 a Rule 41(a)(1) notice.”)); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 687 (9th Cir. 2005) (The Ninth Circuit has “only extended the rule to allow the dismissal of all claims 1 | against one defendant, so that a defendant may be dismissed from the entire action.”). “Filing a notice of voluntary dismissal with the court automatically terminates the action as to the 3 | defendants who are the subjects of the notice.” Concha, 62 F.3d at 1506. 4 Accordingly, the Clerk of the Court is DIRECTED to terminate Defendants Heather Pugh 5 | and Shawn Landry as Defendants in this action. 6 7 IT IS SO ORDERED. DAA (e_ g | Dated: _March 6, 2023 _ OE 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28