John Roe RJ 50 v. Doe 1

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA JOHN ROE RJ 50, Case No. 1:24-cv-01545-JLT-HBK 12 Plaintiff, ORDER GRANTING CONSTRUED MOTION 13 v. TO AMEND COMPLAINT DOE 1, A CORPORATION; DOE 2, A (Doc. No. 19) CORPORATION; DOE 3, A CORPORATION SOLE and DOES 4 TO 100, Defendants.

19 Pending before the Court is the Parties’ joint Stipulation to Dismiss Plaintiff’s Fourth Cause of Action and to Strike Prayer for Attorneys’ Fees With Prejudice filed February 27, 2025.

21 (Doc. No. 19).

22 On April 26, 2024, Plaintiff commenced this action with the filing of a Complaint for Damages (“Complaint”) in the Superior Court of the State of California, County of Fresno, alleging claims for negligence, negligent supervision of a minor, sexual abuse of a minor, and breach of mandatory duty. (Doc. No. 1-2). On December 17, 2024, Defendant Doe 1 removed this case to this Court. (Doc. No. 1). The Parties have reached an agreement whereby Plaintiff agrees to dismiss with prejudice the fourth cause of action for breach of mandatory duty with prejudice (Doc. No. 1-2 at 19-20) and agrees to strike with prejudice the prayer for attorneys’ fees | from the Complaint (Doc. No. 1-2 at 20, 920). (Doc. No. 19 at 2).

2 Federal Rule of Civil Procedure 15(a) “is appropriate mechanism” when party is | eliminating an issue or one or more claims but not completely dismissing a defendant. Hells | Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 687 (9th Cir. 2005). Consequently, the | Court construes the Parties’ Stipulation as a motion to amend the Complaint under Rule 15(a)(2).

6 Accordingly, it is ORDERED: 7 Plaintiffs construed unopposed motion to amend the Complaint (Doc. No. 19) is | GRANTED to the extent that: 9 1. The Complaint’s Fourth Cause of Action for Breach of Mandatory Duty Against All Defendants and Does 4-100 (Doc. No. 1-2 at 19-20, 4] 77-82) is 10 dismissed with prejudice; and 11 2. The Complaint’s prayer for attorneys’ fees (Doc. No. 1-2 at 20, { 2) is D stricken with prejudice. ated: _ March 3, 2025 Wiha. Mh. Bareh Zaskth 14 HELENA M. BARCH-KUCHTA 15 UNITED STATES MAGISTRATE JUDGE