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