Johnson v. Fresno Sports and Events LLC

Opinion

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 JOHNSON CHRISTINE, et al., Case No. 1:24-cv-00352-KES-SAB

12 Plaintiffs, ORDER DIRECTING THE CLERK OF THE COURT TO TERMINATE DEFENDANT 13 v. FRESNO SPORTS AND EVENTS PARTNERS LLC A AS A PARTY IN THIS 14 FRESNO SPORTS AND EVENTS LLC, et ACTION al., 15 (ECF No. 5) Defendants. 16 17 18 On June 11, 2024, Plaintiffs filed a notice of dismissal of Defendant Fresno Sports and 19 Events Partners LLC without prejudice pursuant to Federal Rule of Civil Procedure 20 41(a)(1)(A)(i). (ECF No. 5.) Rule 41(a) of the Federal Rules of Civil Procedure allows a party 21 to dismiss some or all of the defendants in an action through a Rule 41(a) notice. Wilson v. City 22 of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); see also Concha v. London, 62 F.3d 1493, 1506 23 (9th Cir. 1995) (“The plaintiff may dismiss either some or all of the defendants—or some or all 24 of his claims—through a Rule 41(a)(1) notice.”)). 25 Defendant Fresno Sports and Events Partners LLC has not filed an answer or a motion 26 for summary judgment in this action. Under Rule 41(a)(1)(A)(i) a “plaintiff may dismiss an 27 action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). 1 Accordingly, the Clerk of the Court is DIRECTED to terminate Fresno Sports and Events 2 | Partners LLC as a defendant in this action. 3 4 IT IS SO ORDERED. FA. ee 5 Dated: _ June 12, 2024 "

‘ UNITED STATES MAGISTRATE JUDGE

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