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E. & J. GALLO WINERY v. INSTITUUT VOOR LANDBOUW - EN VISSERIJONDERZOEK, 1:17-cv-00808-DAD-EPG. (2017)

Court: District Court, E.D. California Number: infdco20171113901 Visitors: 11
Filed: Nov. 08, 2017
Latest Update: Nov. 08, 2017
Summary: ORDER DIRECTING THE CLERK OF THE COURT TO TERMINATE DEFENDANT FLANDERS FOOD (ECF No. 30) ERICA P. GROSJEAN , Magistrate Judge . On November 8, 2017, the parties filed a stipulation voluntary dismissal of Defendant Flanders Food without prejudice. (ECF No. 30). Thus, the claims against Defendant Flanders Food have been terminated, see Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San Jose, 111 F.3d 688 , 692 (9th Cir. 1997), and dismissed with prejudice. Concha v. London, 62 F.
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ORDER DIRECTING THE CLERK OF THE COURT TO TERMINATE DEFENDANT FLANDERS FOOD

(ECF No. 30)

On November 8, 2017, the parties filed a stipulation voluntary dismissal of Defendant Flanders Food without prejudice. (ECF No. 30). Thus, the claims against Defendant Flanders Food have been terminated, see Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), and dismissed with prejudice. Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) ("Even if the defendant has filed a motion to dismiss, the plaintiff may terminate his action voluntarily by filing a notice of dismissal under Rule 41(a)(1).").

Accordingly, the Clerk of the Court is DIRECTED to terminate Defendant Flanders Food on the docket.

IT IS SO ORDERED.

Source:  Leagle

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