Lucas v. County of Fresno ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMI LUCAS, et al., Case No. 1:18-cv-01488-DAD-EPG 12 Plaintiff, ORDER REGARDING STIPULATION TO DISMISS PLAINTIFFS’ MONELL CLAIM 13 v. PREMISED UPON ALLEGED CUSTOM OF UNSAFE FIREARM HANDLING 14 COUNTY OF FRESNO, (ECF No. 72) 15 Defendant. 16 17 Before the Court is the parties’ stipulation requesting “dismissal of Plaintiffs’ Monell 18 claim premised upon the alleged custom of unsafe firearm handling, with prejudice, pursuant to 19 Federal Rule of Civil Procedure 15(a) and the Court’s inherent power.” (ECF No. 72.) 20 To the extent the parties seek dismissal of the claim without filing an amended complaint, 21 the stipulation appears to be a renewed request for dismissal pursuant to Federal Rule of Civil 22 Procedure 41. However, as explained in the Court’s January 4, 2022 order regarding the parties’ 23 stipulation to dismiss Plaintiffs’ Monell claim pursuant to Federal Rule of Civil Procedure 24 41(a)(1)(ii) (see ECF No. 67), Federal Rule of Civil Procedure 41(a)(1) “does not allow for 25 piecemeal dismissals” and “withdrawals of individual claims against a given defendant are 26 governed by [Federal Rule of Civil Procedure] 15, which addresses amendments to pleadings.” 27 Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 687 (9th Cir. 2005) (citation 28 omitted). Accordingly, the Court will again deny the parties’ request for dismissal of the Monell 1 | claim. However, as the parties’ stipulation seeks relief pursuant to Federal Rule of Civil 2 | Procedure 15(a), the Court will permit Plaintiff to file a Second Amended Complaint. 3 Accordingly, IT IS HEREBY ORDERED: 4 1. The parties’ request for dismissal of Plaintiffs’ Monell claim premised upon the 5 alleged custom of unsafe firearm handling is DENIED; 6 2. Pursuant to the parties’ stipulation (ECF No. 72), Plaintiffs may file a Second 7 Amended Complaint within fourteen (14) days of entry of this order; and 8 3. Defendants’ response to the Second Amended Complaint shall be governed by Federal 9 Rule of Civil Procedure 15(a)(3). 10 | PIs SO ORDERED. 11 1) | Dated: _January 21, 2022 [Je hey □ UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28