Shipley

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

KELLY SHIPLEY, Case No. 1:22-cv-00819-ADA-SAB

Plaintiff, ORDER RE STIPULATION TO DISMISS

PLAINTIFF’S SECOND CAUSE OF

v. ACTION AGAINST DEFENDANT,

DEEMING COMPLAINT AMENDED

RELIASTAR LIFE INSURANCE

COMPANY,

(ECF No. 13) Defendant. 16 On September 20, 2023, the parties filed a stipulation agreeing to dismiss Plaintiff’s second cause of action for insurance bad faith against Defendant with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (ECF No. 13.) All other causes of action will remain active. (Id.) 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 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 piecemeal dismissals. Instead,…