Sarmento

Sarmento v. F&P, Inc -Ovation Payroll, LLC

Good Law
United States District Court, Northern District of CaliforniaJune 8, 20233:20-cv-07922California347 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ARMANDO SARMENTO, MERCEDES TEJADA-URENA, and JOSHUA SILVA, No. C 20–07922 WHA Plaintiffs,

v.

ORDER RE DISMISSAL OF

BUFFETS, LLC, HOMETOWN BUFFETS, PLAINTIFFS

LLC, and VITANOVA BRANDS, Defendants.

16 At the hearing on plaintiffs’ counsel’s motion to withdraw on June 7, 2023, from which defendants were excused at their request, plaintiffs’ counsel explained that he was still unable to reach plaintiff Joshua Silva. Stipulations signed by all parties to dismiss plaintiffs Armando Sarmento and Mercedes Tejada-Urena pursuant to FRCP 41(a)(1)(A) have been filed (Dkt. Nos. 57, 65). While Rule 41 contemplates dismissal of “actions,” our court of appeals has interpreted it to permit dismissal of “fewer than all the plaintiffs who seek to withdraw from the action.” Cf. Pedrina v. Han Kuk Chun, 987 F.2d 608, 609 n.2 (9th Cir. 1993) (quoting 5 James Wm. Moore et al., Moore’s Federal Practice ¶ 41.06-1, at 41-86 to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.