Doris Anderson v. County of Fresno ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DORIS ANDERSON, et al., Case No. 1:21-cv-01134-NODJ-SAB 12 Plaintiffs, ORDER DIRECTING THE CLERK OF THE COURT TO TERMINATE HIG CAPITAL 13 v. LLC AS A PARTY IN THIS ACTION 14 COUNTY OF FRESNO, et al., (ECF No. 102) 15 Defendants. 16 17 On December 8, 2023, Plaintiffs and Defendant HIG Capital, LLC,1 filed a stipulated 18 notice of dismissal of Defendant HIG Capital, LLC, pursuant to Federal Rule of Civil Procedure 19 41(a)(1)(A)(ii). (ECF No. 102.) 20 Rule 41(a) of the Federal Rules of Civil Procedure allows a party to dismiss some or all 21 of the defendants in an action through a Rule 41(a) notice. Wilson v. City of San Jose, 111 F.3d 22 688, 692 (9th Cir. 1997); see also Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“The 23 plaintiff may dismiss either some or all of the defendants—or some or all of his claims—through 24 a Rule 41(a)(1) notice.”)). 25 However, the Court notes that Rule 41(a)(1)(A)(ii) provides that a “plaintiff may dismiss 26 an action without a court order by filing a stipulation of dismissal signed by all parties who have 27 1 The Court notes that following adjudication of a motion to dismiss, Defendant HIG Capital, LLC, was not named 1 | appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). The stipulation is not signed by all parties who have 2 | appeared in this action. 3 Nonetheless, Defendant HIG Capital, LLC, has not filed an answer or a motion for 4 |summary judgment. Under Rule 41(a)(1)(A)Q@) a “plaintiff may dismiss an action without a 5 | court order by filing: (i) a notice of dismissal before the opposing party serves either an answer 6 | or a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)Q). 7 Accordingly, the Clerk of the Court is DIRECTED to terminate Defendant HIG Capital, 8 | LLC, as a defendant in this action. 9 10 IT IS SO ORDERED. DAM Le 11 | Dated: _December 11, 2023 _ Of UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28