Opinion
1:21-cv-00119-ADA-SKO
09-07-2023
KENNEDY McDOW, et al., Plaintiffs, v. BETTY HARRIS, et al., Defendants.
ORDER DENYING MOTION TO DISMISS AS MOOT AND DIRECTING THE CLERK TO TERMINATE DEFENDANT JACKSON NATIONAL LIFE INSURANCE COMPANY (Docs. 28, 81)
SHEILA K. OBERTO . UNITED STATES MAGISTRATE JUDGE
Pending is Defendant Jackson National Life Insurance Company's motion to dismiss. (Doc. 28.) On September 6, 2023, the parties filed a Stipulation of Dismissal of Defendant Jackson National Life Insurance Company with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). (Doc. 81.)
In relevant part, Rule 41(a)(1)(A) provides as follows:
[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 summary judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared.Fed. R. Civ. P. 41(a)(1)(A). “The plaintiff may dismiss some or all of the defendants, or some or all of his claims, through a Rule 41(a)(1) notice,” and the dismissal “automatically terminates the action as to the defendants who are the subjects of the notice.” Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).
Because the parties filed a stipulation of dismissal with prejudice under Rule 41(a)(1)(A)(ii), this case has automatically terminated as to Defendant Jackson National Life Insurance Company. (Doc. 81.) Defendant's motion to dismiss (Doc. 28) is DENIED as moot.
This case shall remain OPEN pending resolution of Plaintiffs' case against the remaining defendants.
IT IS SO ORDERED.