Gutilla v. Liberty Mutual Insurance Company ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KAREN GUTILLA, Case No. 1:21-cv-01830-DAD-EPG 12 Plaintiff, ORDER RE: STIPULATION TO DISMISS DEFENDANT LIBERTY MUTUAL 13 v. INSURANCE COMPANY AND AMEND COMPLAINT 14 LIBERTY MUTUAL INSURANCE COMPANY, (ECF No. 18) 15 Defendant. 16 17 Before the Court is the parties’ stipulation to dismiss Defendant Liberty Mutual Insurance 18 Company without prejudice and allow Plaintiff Karen Gutilla (“Plaintiff”) to file a First Amended 19 Complaint naming Golden Eagle Insurance Company and Does 2-100, inclusive, as defendants. 20 (ECF No. 18.) 21 Pursuant to the parties’ stipulation, this case is dismissed without prejudice only as to 22 Defendant Liberty Mutual Insurance Company. See Fed. R. Civ. P. 41(a)(1)(A); Wilson v. City of 23 San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Additionally, as the opposing party has provided 24 written consent to amendment, Plaintiff may file a First Amended Complaint without leave of 25 court. See Fed. R. Civ. P. 15(a)(2). 26 /// 27 /// 28 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Clerk of Court is respectfully directed to terminate Defendant Liberty Mutual 3 Insurance Company on the docket;! and 4 2. Plaintiff shall file the First Amended Complaint, a copy of which is attached as 5 Exhibit A to the parties’ stipulation (ECF No. 18), within fourteen (14) days of entry 6 of this order. 7 g IT IS SO ORDERED. 9] Dated: □ March 22, 2022 [see heey □ 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "Tn light of the amended complaint, the Clerk of Court is not directed to close the case.