Franklin Opera House Co. v. Armstrong

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the First, Third, Fifth, Eighth, and Ninth Circuits form the majority view that Rule 41(a)(1) allows a plaintiff to dismiss an individual defendant who has not yet served an answer or motion for summary judgment
• distinguishing Gobbo Farms and finding that, while Rule 41(a) does not permit dismissal of fewer than all claims against any single defendant, Rule 41(a) does permit dismissal of all claims against one of multiple defendants
• discussing the circuit split and electing to follow the majority approach
• a plaintiff may dismiss all of his or her claims against a single defendant under Rule 41
• “The First, Third, Fifth, Eighth, and Ninth Circuits form the majority in holding that ‘Rule 41(a)(1
• “Rule 41(a) ‘allow[s] the dismissal of all claims 2 against one defendant, so that a defendant may be dismissed from the entire 3 action[.]’” (quoting Hells Canyon Pres. Council v. United States Forest Serv., 403 4 F.3d 683, 687 (9th Cir. 2005))

Source: CourtListener parenthetical corpus (CC0).