Thao v. Pharmerica PS, LLC ( 2024 )

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 BRANDON THAO, No. 1:24-cv-00085-SKO 9 Plaintiff(s), ORDER DIRECTING THE CLERK TO TERMINATE RX RELIEF, INC. 10 v. (Doc. 4) 11 PHARMERICA PS, LLC, ET AL., 12 Defendants. 13 14 On January 24, 2024, Plaintiff filed a notice of voluntary dismissal without prejudice of 15 Defendant RX Relief (d/b/a RX Relief, Inc.), pursuant to Federal Rule of Civil Procedure 16 41(a)(1)(A). (Doc. 4). “The plaintiff may dismiss some or all of the defendants, or some or all of 17 his claims, through a Rule 41(a)(1) notice,” and the dismissal “automatically terminates the action 18 as to the defendants who are the subjects of the notice.” Wilson v. City of San Jose, 111 F.3d 688, 19 692 (9th Cir. 1997). 20 Plaintiff filed his notice before Defendant RX Relief served either an answer or a motion 21 for summary judgment. (See Docket). As such, Plaintiff has voluntarily dismissed Defendant RX 22 Relief without prejudice, and this case has automatically terminated as to that defendant. Fed. R. 23 Civ. P. 41(a)(1)(A). Accordingly, the Clerk of Court is directed to TERMINATE RX Relief. This 24 case shall remain OPEN pending resolution of Plaintiffs’ case against the remaining defendants. 25 26 IT IS SO ORDERED. 27 Dated: January 25, 2024 /s/ Sheila K. Oberto . 28 UNITED STATES MAGISTRATE JUDGE