STIPULATION FOR DISMISSAL OF FIRST CAUSE OF ACTION AGAINST THE UNITED STATES AND PLAINTIFFS SAMUEL MERCARDO AND MUSA GOWON; ORDER

ANTHONY W. ISHII, Senior District Judge.

On January 10, 2017, the parties filed the following stipulation:

Pursuant to the Federal Rules of Civil Procedure 41(a)(1), the parties hereby stipulate that the first cause of action against the United States and the claims by Plaintiffs Samuel Mercardo and Musa Gowon against all Defendants be dismissed with prejudice. All parties to bear their/its own attorneys fees and costs.

IT IS SO STIPULATED.

The Court understands the stipulation as attempting to dismiss two plaintiffs entirely and the first cause of action against the United States. The result of the stipulation would be that: (1) the first cause of would remain, but not against the United States; and (2) all claims by Plaintiffs Mercardo and Gowon would be dismissed. Because all parties have signed the stipulation and the stipulation eliminates all claims by two plaintiffs, the stipulation is automatically effective as to the claims by Mercardo and Gowon. See Fed. R. Civ. P. 41(a)(1)(A)(ii). However, all claims against the United States are not disposed of, so Rule 41(a)(1) does not automatically dismiss the first cause of action against the United States. Nevertheless, because all parties have signed the stipulation and are in agreement, in the interests of time and saving resources, the Court will give effect to the parties' stipulation and dismiss the first cause of action against the United States with prejudice.

ORDER

Accordingly, IT IS HEREBY ORDERED that:

IT IS SO ORDERED.