MERCARDO v. U.S.

Case No. 1:13-cv-01535-AWI-JLT.

SAMUEL MERCARDO, Plaintiff, v. UNITED STATES OF AMERICA, et al., Defendants.

United States District Court, E.D. California.

Editors Note
Applicable Law: 28 U.S.C. § 1346
Cause: 28 U.S.C. § 1346 Breach of Contract
Nature of Suit: 440 Civil Rights: Other
Source: PACER


Attorney(s) appearing for the Case

Donald Gayle, Plaintiff, represented by Edward Mathieu Higginbotham .

Donald Gayle, Plaintiff, represented by Ian Booth Kelley , Law Offices Of Ian Kelley & Paul Leland Alaga , Law Offices Paul L. Alaga.

Jesus - Ramos, Plaintiff, represented by Edward Mathieu Higginbotham , Ian Booth Kelley , Law Offices Of Ian Kelley & Paul Leland Alaga , Law Offices Paul L. Alaga.

Gilberto Gonzalez Betancourt, Plaintiff, represented by Edward Mathieu Higginbotham , Ian Booth Kelley , Law Offices Of Ian Kelley & Paul Leland Alaga , Law Offices Paul L. Alaga.

Wanna Win, Plaintiff, represented by Edward Mathieu Higginbotham , Ian Booth Kelley , Law Offices Of Ian Kelley & Paul Leland Alaga , Law Offices Paul L. Alaga.

Victor Martinez, Plaintiff, represented by Edward Mathieu Higginbotham , Ian Booth Kelley , Law Offices Of Ian Kelley & Paul Leland Alaga , Law Offices Paul L. Alaga.

United States of America, Defendant, represented by Alyson A. Berg , United States Attorney's Office.

Management & Training Corporation (MTC), Defendant, represented by Susan Eileen Coleman , Burke, Williams & Sorensen LLP & Kristina Doan Gruenberg , Burke Williams & Sorensen.

Michael Benov, Defendant, represented by Kristina Doan Gruenberg , Burke Williams & Sorensen & Susan Eileen Coleman , Burke, Williams & Sorensen LLP.


ORDER GRANTING STIPULATION TO CLOSE THE MATTER AS TO PLAINTIFFS ANDRADE, PORTILLO MAYORGA, RIVERA-VALLEJO, PRADO CASTANEDA, CISNERSO REYES, PALOMARES AND BAZAN

(Doc. 74).

JENNIFER L. THURSTON, Magistrate Judge.

The parties have stipulated to dismiss the matter with prejudice as to plaintiffs Jesus Andrade, Jose Portillo Mayorga, Jorge Rivera-Vallejo, Edgar Prado Castaneda, Gonzalo Cisneros Reyes, Lucio Palomares and Hector Bazan. (Doc. 74) They agree that the parties involved will bear their own costs and fees. Id. at 2. The stipulation relies on Fed. R. Civ.P. 41(a)(1) which provides, "the plaintiff may dismiss an action without a court order by filing: . . . a stipulation of dismissal signed by all parties who have appeared.". . ." Fed. R. Civ. P. 41(a). Once such a notice has been filed, an order of the Court is not required to make the dismissal effective. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).

Thus, the Clerk of Court is DIRECTED to close this action as to these specific plaintiffs, in light of the stipulation signed pursuant to Rule 41(a).

IT IS SO ORDERED.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases