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McCoy v. Alameda Cnty.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Nov 18, 2011
No. C 11-01569 WHA (N.D. Cal. Nov. 18, 2011)

Opinion

No. C 11-01569 WHA

11-18-2011

ARTHUR MCCOY, Plaintiff, v. ALAMEDA COUNTY, a municipal corporation; B. BARKER; ERICH D. MARAPAO; N. GONZALGO; STUART BARNES; and DOES 1-25, inclusive, Defendants.


NOTICE REGARDING

DISMISSAL OF CLAIMS

The parties filed a stipulation to dismiss under FRCP 41(A)(1) claims 6 (negligence) and 7 (breach of duty to supervise, train and discipline) in plaintiff's amended complaint (Dkt. No. 29). Our court of appeals has held that a plaintiff may not use Rule 41(a)(1) to dismiss one or more but less than all of several claims. Hells Canyon Preservation Council v. U.S. Forest Service, 403 F.3d 683, 687-688 (9th Cir. 2005). "Federal Rule of Civil Procedure 15(a) is the appropriate mechanism [w]here a plaintiff desires to eliminate an issue, or one or more but less than all of several claims, but without dismissing as to any of the defendants." id. at 688. According, the purported dismissal was invalid. The parties instead should file a motion for leave to amend the complaint

WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE


Summaries of

McCoy v. Alameda Cnty.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Nov 18, 2011
No. C 11-01569 WHA (N.D. Cal. Nov. 18, 2011)
Case details for

McCoy v. Alameda Cnty.

Case Details

Full title:ARTHUR MCCOY, Plaintiff, v. ALAMEDA COUNTY, a municipal corporation; B…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Date published: Nov 18, 2011

Citations

No. C 11-01569 WHA (N.D. Cal. Nov. 18, 2011)

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