Solorio v. Fig Garden Home Owners Association ( 2021 )


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  • 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 ROBERT SOLORIO, et al., Case No. 1: 21-cv-01662-NONE-SAB 11 Plaintiffs, ORDER DIRECTING THE CLERK OF THE 12 COURT TO TERMINATE BNSF RAILWAY v. COMPANY AND NATIONAL RAILROAD 13 PASSENGER CORPORATION AS FIG GARDEN HOME OWNERS DEFENDANTS IN THIS ACTION 14 ASSOCIATION, et al., (ECF Nos. 5, 6) 15 Defendants. 16 17 On November 30, 2021, Plaintiffs filed notices of dismissal pursuant to Federal Rule of 18 Civil Procedure 41(a) of Defendants BNSF Railway Company and National Railroad Passenger 19 Corporation. (ECF Nos. 5, 6.) The dismissal of Defendant BNSF Railway Company is without 20 prejudice and with each party to bear their own costs and fees. (ECF No. 5.) The dismissal of 21 Defendant National Railroad Passenger Corporation is with prejudice and with each party to bear 22 their own costs and fees. (ECF No. 6.) The claims against the other named Defendants are not 23 subject to the stipulation and will remain active. 24 Rule 41(a) of the Federal Rules of Civil Procedure allows a party to dismiss some or all 25 of the defendants in an action through a Rule 41(a) notice. Wilson v. City of San Jose, 111 F.3d 26 688, 692 (9th Cir. 1997); see also Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“The 27 plaintiff may dismiss either some or all of the defendants—or some or all of his claims—through a Rule 41(a)(1) notice.”)); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 687 1 | (9th Cir. 2005) (The Ninth Circuit has “only extended the rule to allow the dismissal of all claims 2 | against one defendant, so that a defendant may be dismissed from the entire action.”). “Filing a 3 | notice of voluntary dismissal with the court automatically terminates the action as to the 4 | defendants who are the subjects of the notice.” Concha, 62 F.3d at 1506. 5 Accordingly, the Clerk of the Court is DIRECTED to terminate Defendants BNSF 6 | Railway Company, and National Railroad Passenger Corporation as defendants in this action. 7 8 IT IS SO ORDERED. OF a Se 9 | Dated: _December 1, 2021 _ ef 0 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Document Info

Docket Number: 1:21-cv-01662

Filed Date: 12/1/2021

Precedential Status: Precedential

Modified Date: 6/19/2024