Toste

Courthouse News Service v. Toste

Good Law
United States District Court, Eastern District of CaliforniaApril 13, 20221:21-cv-01790California328 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

COURTHOUSE NEWS SERVICE, Case No. 1:21-cv-01790-DAD-SAB

Plaintiff, ORDER DIRECTING THE CLERK OF THE

COURT TO TERMINATE HUGH SWIFT

v. AS DEFENDANT IN THIS ACTION

AMANDA TOSTE, et al., (ECF No. 17) Defendants.

16 On April 11, 2022, Plaintiff filed a notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a) of Defendant Hugh Swift. (ECF No. 17.) The dismissal of this Defendant is without prejudice. (Id.) The claims against the other named Defendants are not subject to the notice and will remain active. (Id.) 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); see also Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“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.”)); Hells Canyon Pres. Council…

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