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