Wilson

Defendant-Appellant California League of United Latin American Citizens (“LULAC”) appeals the order of the district court denying LULAC’s Rule 60(b) Motion To Strike Plaintiff-Appellees Wilson, Belshe, and Anderson’s (“the State Officers”) Rule 41(a)(1) Notice of Dismissal. For the reasons which follow, the court affirms the decision of the district court.

I.

In January 1995, the State Officers filed a complaint for declaratory relief in California state court naming as defendants, inter alia, the City of San Jose (“the City”) and LU-LAC. The State Officers’ action sought “declaratory relief interpreting Proposition 187 as a matter of state law so as to uphold its validity and declaring that Proposition 187 does not violate the State Constitution.” 1 Neither LULAC nor the City answered the Complaint but instead removed the action to the United States District Court for the Northern District of California. LULAC simultaneously filed a motion to transfer venue to the Central District of California where LULAC and several other co-defendants were the plaintiffs in two lawsuits challenging the constitutionality of Proposition 187. 2 The State Officers promptly moved to remand the…