Johnson v. Fresno Sports and Events LLC

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOHNSON CHRISTINE, et al., Case No. 1:24-cv-00352-KES-SAB

Plaintiffs, ORDER RE NOTICE OF VOLUNTARY

DISMISSAL OF PLAINTIFFS’ FOURTH

v. CAUSE OF ACTION AGAINST

DEFENDANT JONATHAN BRAVO;

FRESNO SPORTS AND EVENTS LLC, et DENYING CONSTRUED MOTION FOR al., LEAVE TO FILE A FIRST AMENDED COMPLAINT Defendants. (ECF No. 7) 17 On June 27, 2024, Plaintiffs filed a notice to dismiss Plaintiffs’ negligence cause of action against Defendant Jonathan Bravo without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (ECF No. 7.) The Ninth Circuit has held that Federal Rule of Civil Procedure 41(a)(1) cannot be used to dismiss individual claims against defendants, and that Rule 15 is the proper mechanism to do so. See Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 687 (9th Cir. 2005) (“In the specific context of Rule 41(a)(1), we have held that the Rule does not…