Dow v. County of Snohomish

Opinion

THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 ESTATE OF ADAM CHRISTOPHER JENSEN, CASE NO. C20-1320-JCC by the Personal Representative PAULA DOW, et 10 al., MINUTE ORDER 11 Plaintiffs, 12 v. 13 COUNTY OF SNOHOMISH, et al., 14 Defendants. 15

16 The following Minute Order is made by direction of the Court, the Honorable John C. 17 Coughenour, United States District Judge: 18 This matter comes before the Court on the parties’ stipulated notice of dismissal of 19 Plaintiff’s claims against Defendants County of Snohomish, Snohomish County Deputy Sheriff 20 William Westsik, Snohomish County Deputy Sheriff Kevin Pelleboer, and “Doe(s) 1-100” 21 employees of County of Snohomish. (Dkt. No. 82). The stipulation excludes Defendant Everett 22 City Police Department. Federal Rule of Civil Procedure 41(a)(1)(A)(ii) provides that a “plaintiff 23 may dismiss an action without a court order by filing . . . a stipulation of dismissal signed by all 24 parties who have appeared.” Here, the parties nevertheless request that the Court enter a 25 proposed order filed with their stipulation. (See Dkt. No. 82 at 3.) 26 Although Rule 41 governs dismissal of an “action,” the Ninth Circuit has held that a 1 “plaintiff may dismiss some or all of the defendants . . . through a Rule 41(a)(1) notice.” Wilson 2 v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Here the parties have stipulated to 3 dismissing all claims against certain defendants and the stipulation is signed by all parties who 4 have appeared. (See Dkt. No. 82 at 2.) Thus, under Federal Rule of Civil Procedure 5 41(a)(1)(A)(ii), the stipulation is self-executing. 6 All claims against Defendants County of Snohomish, Snohomish County Deputy Sheriff 7 William Westsik, Snohomish County Deputy Sheriff Kevin Pelleboer, and “Doe(s) 1-100” 8 employees of County of Snohomish are DISMISSED with prejudice and without costs to any 9 party, with each party to bear its own attorney fees and other litigation expenses. The claims 10 asserted against Defendant City of Everett remain. 11 DATED this 16th day of September 2021. 12 Ravi Subramanian Clerk of Court 13 s/Sandra Rawski 14 Deputy Clerk 15 16 17 18 19 20 21 22 23 24 25 26