Vahora v. Valley Diagnostic Laboratory Inc. ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GULAMNABI VAHORA, No. 1:19-cv-00912-DAD-SKO 12 Plaintiff, 13 v. ORDER RE: DISMISSAL WITHOUT PREJUDICE OF PLAINTIFF’S 14 VALLEY DIAGNOSTIC LABORATORY RECEIVERSHIP CLAIM (FIRST CLAIM INC. FOR RELIEF) 15 Defendant. 16 17 18 On August 27, 2019, Plaintiff filed a Notice of “Voluntary Dismissal of the First Cause of 19 Action for a Receiver Without Prejudice Pursuant to Fed. R. Civ. P. 41(a)(1).” (Doc. 16.) 20 In relevant part, Rule 41(a)(1)(A)(ii) provides as follows: “[A] plaintiff may dismiss an 21 action without a court order by filing. . . (ii) a notice of dismissal before the opposing party serves 22 either an answer or a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A). “The plaintiff 23 may dismiss some or all of the defendants, or some or all of his claims” through a Rule 41(a)(1) 24 stipulation. Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Such stipulation may 25 be made orally in open court. See Carter v. Beverly Hills Savings & Loan Association, 884 F.2d 26 1186, 1191 (9th Cir. 1989); Eitel v. McCool, 782 F.2d 1470, 1472-73 (9th Cir. 1986). 27 Because Plaintiff has voluntarily dismissed his receivership claim under Federal Rule of 28 Civil Procedure 66 (First Claim for Relief) (Doc. 1 ¶¶ 43–62), without prejudice under Rule 1 41(a)(1)(A)(i), and Defendant has not served an answer or a motion for summary judgment, that 2 claim has been DISMISSED. Fed. R. Civ. P. 41(a)(1)(A). 3 This case shall remain OPEN pending resolution of Plaintiff’s remaining claims against 4 Defendant. 5 IT IS SO ORDERED. 6 Sheila K. Oberto 7 Dated: September 2, 2019 /s/ . UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28