Courthouse News Service v. Toste

No. 1:21-cv-01790-ADA-SAB (E.D. Cal. Mar. 3, 2023) · United States District Court for the Eastern District of California · March 3, 2023 · No. 1:21-cv-01790-ADA-SAB

Summary

The United States District Court for the Eastern District of California addressed a stipulated dismissal under Federal Rule of Civil Procedure 41(a) concerning Defendant Amanda Toste. The court directed the clerk to terminate Toste as a defendant, with prejudice, while the claims against the remaining defendants remained active.

Holdings

  1. Federal Rule of Civil Procedure 41(a) permits dismissal of some or all defendants, including dismissal of all claims against one defendant while the action continues against other defendants.

Questions Presented

  1. Whether the parties could dismiss one defendant from the action under Federal Rule of Civil Procedure 41(a) while claims against other defendants remained pending.

Disposition

other

Cases Cited (3)

  • Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)(followed)
  • Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995)(followed)
  • Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 687 (9th Cir. 2005)(followed)

Cited In (0)

No citing cases on record yet.

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