State Farm Life Insurance Company v. Outta, 1:18-cv-1373-LJO-JLT. (2019)
Court: District Court, E.D. California
Number: infdco20190308855
Visitors: 1
Filed: Mar. 07, 2019
Latest Update: Mar. 07, 2019
Summary: ORDER DIRECTING THE CLERK TO UPDATE THE DOCKET AND TERMINATE BONIFACE OUTTA AS A DEFENDANT (Doc. 16) JENNIFER L. THURSTON , Magistrate Judge . On February 28, 2019, Plaintiff filed a "Notice of Dismissal," indicating it was dismissing the claims against Boniface Outta without prejudice. (Doc. 16) Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i), the plaintiff may dismiss an action or claims "without a court order by filing . . . a notice of dismissal before the opposing party serves either an answe
Summary: ORDER DIRECTING THE CLERK TO UPDATE THE DOCKET AND TERMINATE BONIFACE OUTTA AS A DEFENDANT (Doc. 16) JENNIFER L. THURSTON , Magistrate Judge . On February 28, 2019, Plaintiff filed a "Notice of Dismissal," indicating it was dismissing the claims against Boniface Outta without prejudice. (Doc. 16) Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i), the plaintiff may dismiss an action or claims "without a court order by filing . . . a notice of dismissal before the opposing party serves either an answer..
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ORDER DIRECTING THE CLERK TO UPDATE THE DOCKET AND TERMINATE BONIFACE OUTTA AS A DEFENDANT
(Doc. 16)
JENNIFER L. THURSTON, Magistrate Judge.
On February 28, 2019, Plaintiff filed a "Notice of Dismissal," indicating it was dismissing the claims against Boniface Outta without prejudice. (Doc. 16) Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i), the plaintiff may dismiss an action or claims "without a court order by filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." Because the defendant has not filed an answer or motion for summary judgment, the dismissal was effective without an order of the Court. See Fed. R. Civ. P. 41(a)(2). Accordingly, the Clerk of Court is DIRECTED to update the docket and terminate Boniface Outta as a defendant in the action.
IT IS SO ORDERED.
Source: Leagle
