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Mort v. Brennan, 1:19-cv-00652-LJO-SKO. (2019)

Court: District Court, E.D. California Number: infdco20190822a38 Visitors: 1
Filed: Aug. 20, 2019
Latest Update: Aug. 20, 2019
Summary: ORDER GRANTING THE PARTIES' STIPULATED REQUEST SHEILA K. OBERTO , Magistrate Judge . On August 19, 2019, the parties filed a stipulation "to dismiss Americans With Disabilities Claim and Extend Responsive Pleading Deadline by 28 Days Under LR 144." (Doc. 6.) The parties stipulate that Plaintiff's claim for relief under the Americans with Disabilities Act ("ADA"), is dismissed with prejudice, and that Defendant shall have up to and including September 16, 2019, to respond to the remaining cl
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ORDER GRANTING THE PARTIES' STIPULATED REQUEST

On August 19, 2019, the parties filed a stipulation "to dismiss Americans With Disabilities Claim and Extend Responsive Pleading Deadline by 28 Days Under LR 144." (Doc. 6.) The parties stipulate that Plaintiff's claim for relief under the Americans with Disabilities Act ("ADA"), is dismissed with prejudice, and that Defendant shall have up to and including September 16, 2019, to respond to the remaining claims in the complaint. (Id. at 1.)

In relevant part, Rule 41(a)(1)(A)(ii) provides as follows: "[A] plaintiff may dismiss an action without a court order by filing . . . (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) stipulation. Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).

Because the parties stipulated to the dismissal of Plaintiff's disability discrimination claim under the ADA, 42 U.S.C. §§ 12112(a) and 12102(1) (Second Claim for Relief) (Doc. 1 ¶¶ 117-135), with prejudice under Rule 41(a)(1)(A)(ii), that claim has been DISMISSED. Fed. R. Civ. P. 41(a)(1)(A).

The case shall remain OPEN pending resolution of Plaintiff's remaining claims against Defendant.

Pursuant to the parties' stipulation, (Doc. 6), Defendant shall respond to the remaining claims in the complaint by no later than September 16, 2019.

IT IS SO ORDERED.

Source:  Leagle

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