Clark v. Thor Motor Coach, Inc.

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MICHAEL W. CLARK, et al., Case No. 1:22-cv-00014-JLT-SAB

Plaintiffs, ORDER RE: STIPULATION TO DISMISS

PLAINTIFFS’ SIXTH AND EIGHTH

v. CAUSES OF ACTION

THOR MOTOR COACH, INC., et al., ORDER REQUIRING PLAINTIFF TO FILE

REQUEST FOR ENTRY OF DEFAULT OR

Defendants. A NOTICE OF STATUS OF ACTION RE:

DEFENDANT FORD MOTOR COMPANY

15 (ECF No. 14)

FIVE DAY DEADLINE

17 On March 30, 2022, Plaintiffs and Defendants Thor Motor Coach, Inc., Barry’s RV Outlet, and U.S. Bank, N.A. filed what was titled a “notice of voluntary dismissal of counts six and eight form complaint without prejudice” under Federal Rule of Civil Procedure 41(a). (ECF No. 14.) The parties indicate Defendant Ford Motor Company did not join in the stipulation because it has not appeared in this matter. 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 is the proper mechanism to do so. See…