Meagher

Meagher v. United States of America

Good Law
United States District Court, Eastern District of CaliforniaSeptember 9, 20201:20-cv-00035California367 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JENNA MEAGHER and ROBIN No. 1:20-cv-00035-NONE-SKO

SATTERLEE,

12 Plaintiffs, ORDER DIRECTING THE CLERK TO v. TERMINATE DEFENDANT ALBERT NEWMAN UNITED STATES OF AMERICA and ALBERT NEWMAN, (Doc. 10) Defendants. 17 18 On September 4, 2020, Plaintiffs filed a Voluntary Dismissal of Defendants Albert Newman and Does 1 through 251, on grounds that Defendant United States of America is the only proper defendant in the action, which is brought under the Federal Tort Claims Act. (See Doc. 10.) In relevant part, Rule 41(a)(1)(A) provides as follows: [A] plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for 24 summary judgment; or (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…

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