Walker v. Higher Education Loan Authority of the State of Missouri ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MELISSA LOIS WALKER, Case No. 1:21-cv-00879-ADA-SAB 12 Plaintiff, ORDER DIRECTING THE CLERK OF THE COURT TO TERMINATE ACTION FINANCIAL 13 v. SERVICES, LLC, AS DEFENDANT IN THIS ACTION 14 HIGHER EDUCATION LOAN (ECF No. 83) AUTHORITY OF THE STATE OF 15 MISSOURI, et al., 16 Defendants. 17 18 On July 19, 2023, the parties filed a stipulation of dismissal of Defendant Action Financial 19 Services, LLC, only, with prejudice and without an award of fees or costs. (ECF No. 83.) 20 Rule 41(a) of the Federal Rules of Civil Procedure allows a party to dismiss some or all of 21 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.”)); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 687 25 (9th Cir. 2005) (The Ninth Circuit has “only extended the rule to allow the dismissal of all claims 26 against one defendant, so that a defendant may be dismissed from the entire action.”). 27 / / / 28 / / / 1 Accordingly, the Clerk of the Court is DIRECTED to terminate Defendant Action 2 | Financial Services, LLC, from this action with prejudice. 3 4 IT IS SO ORDERED. FA. ee 5 | Dated: _ July 20, 2023 ‘ 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