Doris Anderson v. County of Fresno

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DORIS ANDERSON, et al., Case No. 1:21-cv-01134-NODJ-SAB

Plaintiffs, ORDER DIRECTING THE CLERK OF THE

COURT TO TERMINATE HIG CAPITAL

v. LLC AS A PARTY IN THIS ACTION

COUNTY OF FRESNO, et al., (ECF No. 102) Defendants.

16 On December 8, 2023, Plaintiffs and Defendant HIG Capital, LLC,1 filed a stipulated notice of dismissal of Defendant HIG Capital, LLC, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (ECF No. 102.) 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.”)). However, the Court notes that Rule 41(a)(1)(A)(ii) provides that a “plaintiff may dismiss an action without a court…