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Medina v. Mapes

United States District Court, Eastern District of California
Nov 18, 2021
1:21-cv-00844-NE-EPG (E.D. Cal. Nov. 18, 2021)

Opinion

1:21-cv-00844-NE-EPG

11-18-2021

BRADLEY MEDINA, et al., Plaintiffs, v. COURTNEY L. MAPES, M.D., Defendant.


ORDER RE: NOTICE OF DISMISSAL OF DEFENDANT UNITED STATES OF AMERICA WITHOUT PREJUDICE AND AMENDING CAPTION

(ECF NO. 13)

On November 17, 2021, the parties filed a stipulation to dismiss Defendant United States of America. (ECF No. 13.) Therefore, pursuant to Plaintiff's notice, this case is dismissed only as to Defendant United States of America. See Fed. R. Civ. P. 41(a)(1)(A); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). In light of the dismissal, the caption is amended as set forth above. 1

The stipulation does not state whether the dismissal was with or without prejudice. (See ECF no. 13.) “Unless the notice or stipulation states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.” Fed.R.Civ.P. 41(a)(1)(B).

Accordingly, the Clerk of the Court is respectfully directed to terminate only Defendant United States of America on the docket.

IT IS SO ORDERED. 2


Summaries of

Medina v. Mapes

United States District Court, Eastern District of California
Nov 18, 2021
1:21-cv-00844-NE-EPG (E.D. Cal. Nov. 18, 2021)
Case details for

Medina v. Mapes

Case Details

Full title:BRADLEY MEDINA, et al., Plaintiffs, v. COURTNEY L. MAPES, M.D., Defendant.

Court:United States District Court, Eastern District of California

Date published: Nov 18, 2021

Citations

1:21-cv-00844-NE-EPG (E.D. Cal. Nov. 18, 2021)