Opinion
No. CV-18-00923-PHX-BSB
09-13-2018
Wesley Eugene Sellers, et al., Plaintiffs, v. FCA US LLC, et al., Defendants.
REPORT AND RECOMMENDATION
On September 7, 2018, the parties filed a Notice of Voluntary Dismissal pursuant to Rule 41 (a)(1)(A)(ii) of the Federal Rules of Civil Procedure. (Doc. 58.) The parties ask the Court to dismiss this action, in its entirety, with prejudice. (Id.) Because not all parties have been served or consented to magistrate judge jurisdiction, the assigned magistrate judge issues this Report and Recommendation to a United States District Judge.
Because not all parties have been served or consented to magistrate judge jurisdiction, the assigned magistrate judge lacks jurisdiction to dismiss the Complaint and therefore issues this Report and Recommendation to a United States District Judge. See Williams v. King, 875 F.3d 500, 504 (9th Cir. 2017) (holding that the absence of consent from unserved defendants deprived the magistrate judge of jurisdiction to dismiss the complaint); see also 28 U.S.C. § 636(c).
IT IS RECOMMENDED that the Court dismiss this matter with prejudice pursuant to Rule 41(a)(1). /// ///
IT IS ORDERED that the Report and Recommendation, filed August 28, 2018, and recommending the dismissal of Plaintiffs' claims against James Dalton Whitaker (Doc. 55) is WITHDRAWN as moot.
IT IS FURTHER ORDERED that the Clerk of Court shall refer this Report and Recommendation to the Honorable Stephen M. McNamee in accordance with General Order 11-03.
This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure should not be filed until entry of the District Court's judgment. The parties shall have fourteen days from the date of service of a copy of this recommendation within which to file specific written objections with the Court. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72. The parties have fourteen days within which to file a response to the objections. Failure to file timely objections to the Magistrate Judge's Report and Recommendation may result in the acceptance of the Report and Recommendation by the District Court without further review. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).
Dated this 13th day of September, 2018.
/s/_________
Bridget S. Bade
United States Magistrate Judge