Franklin v. Scripps Health

Opinion

MICHELLE FRANKLIN, et al., Case No. 22-cv-0367-MMA-MMP individually and on behalf of all others similarly situated, ORDER DENYING JOINT MOTION Plaintiffs, PREJUDICE TO FUTURE FILINGS v. [Doc. No. 26] SCRIPPS HEALTH, et al., Defendants. On April 30, 2025, Plaintiffs Michelle Franklin and Irene Gamboa (“Plaintiffs”) and Defendant Scripps Health (“Defendant”) filed a joint stipulation, which the Court construes as a joint motion, to dismiss Plaintiffs’ sixth cause of action (Private Attorney General Act) against Defendant pursuant to Federal Rule of Civil Procedure 41(a)(1). Doc. No. 26. However, Rule 41(a) provides for dismissal only as to actions, not as to individual claims within an action. Fed. R. Civ. P. 41(a); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 687–88 (9th Cir. 2005) (holding that Rule 41(a) does not allow for “piecemeal dismissals,” and that “withdrawals of individual claims against a given defendant are governed by [Rule] 15 . . . .”). Therefore, the Court DENIES the joint motion without prejudice to filing a motion amend the pleadings after the stay is lifted. The parties are reminded that they are to file a joint status report within five (5) business days of the conclusion of the state court actions for which this matter was stayed. Doc. No. 22 at 11. Dated: May 1, 2025 Mike TM - □□ toll HON. MICHAEL M. ANELLO g United States District Judge