Randall v. Trans Union, LLC ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WHITNEY RANDALL, Case No. 1:23-cv-01547-JLT-SAB 12 Plaintiff, ORDER DIRECTING THE CLERK OF THE COURT TO TERMINATE DEFENDANT 13 v. TRANS UNION, LLC AS A PARTY IN THIS ACTION 14 TRANS UNION, LLC, et al., (ECF No. 13) 15 Defendants. 16 17 On February 21, 2024, the parties1 filed a stipulation of dismissal of Defendant Trans 18 Union, LLC, only, with prejudice and without an award of fees or costs pursuant to Federal Rule 19 of Civil Procedure 41(a)(1)(A)(ii). (ECF No. 13.) 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.”)); 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 1 The Court notes the case against Defendant First Premier Bank has been submitted to arbitration and the instant 27 action has been stayed against that Defendant only. (ECF No. 6.) However, Defendant First Premier Bank has not filed an answer or motion for summary judgment, and therefore the Court finds it has not “appeared” in this action 1 | against one defendant, so that a defendant may be dismissed from the entire action.”). 2 Accordingly, the Clerk of the Court is DIRECTED to terminate Defendant Trans Union, 3 | LLC, from this action with prejudice. The case remains STAYED as to Defendant First Premier 4 | Bank. 5 6 IT IS SO ORDERED. F- 2 ee 7 | Dated: _February 22, 2024 _ OO UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28