Willform

Willform v. City of Ceres

Good Law
United States District Court, Eastern District of CaliforniaAugust 13, 20201:20-cv-00989California380 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

8 EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY WILLFORM, et al., Case No. 1:20-cv-00989-DAD-SAB 11 Plaintiffs, ORDER DIRECTING THE CLERK OF THE COURT TO TERMINATE COEY HENSON v. AS A PARTY IN THIS ACTION 13 CITY OF CERES, et al., (ECF No. 9) 14 Defendants.

16 On August 12, 2020, Plaintiffs filed a notice of dismissal of Defendant Coey Henson pursuant to Federal Rule of Civil Procedure 41(a). Rule 41(a) of the Federal Rules of Civil Procedure allows a party to dismiss some or all of the defendants in an action through a Rule 41(a) notice. Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Here, no defendant has filed an answer or motion for summary judgment. “The plaintiff may dismiss either some or all of the defendants—or some or all of his claims—through a Rule 41(a)(1) notice.” Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (citing Pedrina v. Chun, 987 F.2d 608, 609 (9th Cir. 1993).) “The plaintiff may dismiss either some or all of the defendants—or some…

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