Rivera
Alexis Rivera v. O'Reilly Auto Enterprises LLC., and Does 1 through 10
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 ALEXIS RIVERA, an individual, Case No. 1:24-cv-00333-JLT-SAB
Plaintiff, ORDER TO CONSTRUE PLAINTIFF’S v. REQUEST FOR VOLUNTARY DISMISSAL AS MOTION TO AMEND THE
O’REILLY AUTO ENTERPRISES COMPLAINT TO EXCLUDE THE SECOND
LLC., and DOES 1 through 10, AND THIRD CAUSES OF ACTION
Defendants. (Doc. 47) 14 15 Plaintiff asks this Court to dismiss the second and third claims raised in his Complaint with prejudice. (See generally Doc. 47.) 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 provides 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 allow for piecemeal dismissals. Instead, withdrawals of individual claims against a given defendant are governed by [Rule…