Hernandez v. Walmart, Inc.

Summary

The United States District Court for the Eastern District of California acknowledged the parties’ stipulated dismissal of counts two and three in Hernandez v. Walmart, Inc. The dismissal was with prejudice, while the action remained open pending resolution of the remaining causes of action.

Holdings

1. The parties' stipulation dismissed counts two and three pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii).
2. The dismissal of counts two and three was with prejudice, and the action remained open pending resolution of the remaining causes of action.

Questions Presented

1. Whether the court should acknowledge and effectuate the parties' joint stipulation dismissing counts two and three under Federal Rule of Civil Procedure 41(a)(1)(A)(ii).
2. Whether the dismissal of counts two and three should be with prejudice while the remaining causes of action continue.

Disposition

dismissed