Opinion
Civil Action No. 11-cv-02536-PAB-MEH
05-14-2012
ELAINE CALDERON, Plaintiff, v. SAFEHOUSE PROGRESSIVE ALLIANCE FOR NONVIOLENCE, ANNE TAPP, Executive Director, Safehouse Progressive Alliance for Nonviolence, and MOUNTAIN STATES EMPLOYERS COUNCIL, Defendants.
Judge Philip A. Brimmer
ORDER
This matter is before the Court on the Notice of Dismissal of Defendant Mountain States Employers Council, Inc. With Prejudice filed by plaintiff [Docket No. 84]. Despite Rule 41(a)(1)'s reference to the dismissal of an "action," the weight of authority permits a dismissal of all claims pursuant to Rule 41(a)(1)(A) against fewer than all defendants. See Montoya v. FedEx Ground Package System, Inc., 614 F.3d 145, 148 (5th Cir. 2010); Blaize-Sampeur v. McDowell, 2007 WL 1958909, at *2 (E.D.N.Y. June 29, 2007) (noting that, although the Second Circuit had previously stated otherwise, it had "since adopted the approach of the majority of courts in other circuits - that is, that Rule 41(a) does not require dismissal of the action in its entirety" and permits dismissal of all claims as to a single defendant). Upon the filing of plaintiff's Notice [Docket No. 84], this action was dismissed with prejudice as to defendant Mountain States Employers Council.
BY THE COURT:
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PHILIP A. BRIMMER
United States District Judge