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 EQUIFAX 13 v. INFORMATION SERVICES, LLC, AS DEFENDANT IN THIS ACTION 14 HIGHER EDUCATION LOAN (ECF No. 95) AUTHORITY OF THE STATE OF 15 MISSOURI, et al., 16 Defendants. 17 18 On November 1, 2023, the parties filed a stipulation of dismissal of Defendant Equifax 19 Information Services, LLC, only, with prejudice and without an award of fees or costs. (ECF No. 20 95.) 21 Rule 41(a) of the Federal Rules of Civil Procedure allows a party to dismiss some or all of 22 the defendants in an action through a Rule 41(a) notice. Wilson v. City of San Jose, 111 F.3d 23 688, 692 (9th Cir. 1997); see also Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“The 24 plaintiff may dismiss either some or all of the defendants—or some or all of his claims—through 25 a Rule 41(a)(1) notice.”)); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 687 26 (9th Cir. 2005) (The Ninth Circuit has “only extended the rule to allow the dismissal of all claims 27 against one defendant, so that a defendant may be dismissed from the entire action.”). 28 / / / 1 Accordingly, the Clerk of the Court is DIRECTED to terminate Defendant Equifax 2 | Information Services, LLC, from this action with prejudice. 3 4 IT IS SO ORDERED. FA. ee 5 | Dated: _ November 2, 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