Scanlon v. Curtis International, Ltd. ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROMAN SCANLON, No. 1:19-cv-00937-LJO-SKO 12 Plaintiff, 13 v. ORDER RE: DISMISSAL WITHOUT PREJUDICE OF PLAINTIFF’S UNJUST 14 CURTIS INTERNATIONAL, LTD., ENRICHMENT CLAIM (FIFTH CLAIM FOR TECHNICOLOR SA, RELIEF) 15 Defendants. 16 17 18 On October 23, 2019, Plaintiff filed a “Notice of Dismissal of Count V (Unjust Enrichment) 19 Without Prejudice.” (Doc. 20.) 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 unjust enrichment claim under Federal Rule 28 of Civil Procedure 66 (Fifth Claim for Relief) (Doc. 1-4 ¶¶ 107–115), without prejudice under Rule 1 41(a)(1)(A)(i), and neither Defendant has served an answer or a motion for summary judgment, 2 that 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 Defendants. 5 IT IS SO ORDERED. 6 Sheila K. Oberto 7 Dated: October 23, 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