Walker

Walker v. Higher Education Loan Authority of the State of Missouri

Good Law
United States District Court, Eastern District of CaliforniaOctober 21, 20221:21-cv-00879California488 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MELISSA LOIS WALKER, Case No. 1:21-cv-00879-ADA-SAB

Plaintiff, ORDER RE STIPULATION TO DISMISS

PLAINTIFF’S COUNT XIII AS AGAINST

v. DEFENDANT HIGHER EDUCATION

LOAN AUTHORITY OF THE STATE OF

HIGHER EDUCATION LOAN MISSOURI ONLY

AUTHORITY OF THE STATE OF

MISSOURI, et al., (ECF No. 53)

Defendants.

17 On October 20, 2022, the parties filed a stipulation of dismissal of Plaintiff’s Rosenthal Fair Debt Collections Practices Act (“RFDCPA”), Cal. Civ. Code §§ 1788 et seq., cause of action (Count XIII) as against Defendant Higher Education Loan Authority of the State of Missouri (“MOHELA”) only. (ECF No. 53.) The Ninth Circuit has issued mixed orders with respect to whether Federal Rule of Civil Procedure 41(a)(1) can be used to dismiss individual claims against defendants, as opposed to Rule 15. Compare 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…

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