Great American Insurance Company v. Cardinal Logistics Management Corporation

UNITED STATES DISTRICT COURT

8 EASTERN DISTRICT OF CALIFORNIA 10 GREAT AMERICAN INSURANCE Case No. 1: 21-cv-01556-AWI-SAB COMPANY,

ORDER ENTERING STIPULATION RE:

Plaintiffs, FIRST CAUSE OF ACTION

v. (ECF No. 17)

CARDINAL LOGISTICS MANAGEMENT CORPORATION, et al., 15 Defendants. 16 On February 10, 2022, a stipulation was filed whereby the parties appearing in this action have agreed that the first cause of action for Carmack Amendment Liability shall not be pursued against Defendant Cardinal Logistics Management Corporation. (ECF No. 17.) The stipulation specifies that should Plaintiff later seek leave to pursue this cause of action against Defendant Cardinal Logistics Management Corporation, Plaintiff must seek leave of the Court or submit a stipulation. (Id.) Rule 15 is the proper mechanism to dismiss individual claims against defendants. 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…