Spencer v. Swedish Health Services ( 2021 )

1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 6 AT SEATTLE 7 LINDA SPENCER, 8 Plaintiff, 9 v. C21-548 TSZ 10 SWEDISH HEALTH SERVICES, et MINUTE ORDER al., 11 Defendant. 12 13 The following Minute Order is made by direction of the Court, the Honorable Thomas S. Zilly, United States District Judge: 14 (1) Plaintiff’s motion for voluntary dismissal of plaintiff’s claims for outrage, violation of public policy, and intentional interference with business expectancy, docket 15 no. 9, is DENIED. Rule 41(a)(2) does not permit voluntary withdrawal of individual claims against a defendant remaining in the case. Hells Canyon Pres. Council v. United 16 States Forest Serv., 403 F.3d 683, 687 (9th Cir. 2005).1 17 (2) Plaintiff’s motion for remand, docket no. 11, is DENIED. Even if the claims for outrage, violation of public policy, and intentional interference with a business 18 expectancy were dismissed, the Court would exercise its discretion to retain supplemental jurisdiction over the remaining claims. Carlsbad Tech., Inc. v. HIF Bio, Inc., 556 U.S. 19 635, 639 (2009) (“A district court’s decision whether to exercise [supplemental] 20 21 1 Instead, the proper procedure would have been for Plaintiff to have filed a motion for leave to 22 amend under Rule 15. See Hells Canyon Pres. Council, 403 F.3d at 687–88. 1 jurisdiction after dismissing every claim over which it had original jurisdiction is purely discretionary.”). 2 (3) The Clerk is directed to send a copy of this Minute Order to all counsel of 3 record. Dated this 2nd day of September, 2021. 4 5 Ravi Subramanian Clerk 6 s/Gail Glass 7 Deputy Clerk 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22