Vahora

Vahora v. Valley Diagnostic Laboratory Inc.

Good Law
United States District Court, Eastern District of CaliforniaSeptember 3, 20191:19-cv-00912California318 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GULAMNABI VAHORA, No. 1:19-cv-00912-DAD-SKO Plaintiff, v. ORDER RE: DISMISSAL WITHOUT

PREJUDICE OF PLAINTIFF’S

VALLEY DIAGNOSTIC LABORATORY RECEIVERSHIP CLAIM (FIRST CLAIM

INC. FOR RELIEF)

15 Defendant.

17 On August 27, 2019, Plaintiff filed a Notice of “Voluntary Dismissal of the First Cause of Action for a Receiver Without Prejudice Pursuant to Fed. R. Civ. P. 41(a)(1).” (Doc. 16.) In relevant part, Rule 41(a)(1)(A)(ii) provides as follows: “[A] plaintiff may dismiss an action without a court order by filing. . . (ii) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A). “The plaintiff may dismiss some or all of the defendants, or some or all of his claims” through a Rule 41(a)(1) stipulation. Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Such stipulation may be made orally in open court. See…

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