Shoemaker v. Maryville School District No. 25

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 10 BRENDA SHOEMAKER, MARTY CASE NO. 2:23-cv-779 MJP SHOEMAKER, individually, and in 11 their capacity as parents of ABIGAIL ORDER DENYING STIPULATION SHOEMAKER, OF VOLUNTARY DISMISSAL Plaintiffs, v. THE MARYSVILLE SCHOOL 15 DISTRICT NO. 25, a Municipal Corporation, PETER APPLE, TWILA 16 HAMMONTREE, and NICOLE MARKUS, Defendants.

This matter comes before the Court on the parties’ Stipulation of Voluntary Dismissal Pursuant to CR 41(a)(1)(A). (Dkt. No. 17). Having reviewed the Stipulation and the Complaint (Dkt. No. 1), the Court finds the Stipulation improper. The parties stipulate to the voluntary dismissal of the Plaintiffs’ first and fifth causes of action under Federal Rule of Civil Procedure 41(a)(1)(A). (Dkt. No. 17 at 1.) Rule 41(a) allows the parties to stipulate to the voluntary dismissal of “an action,” but does not discuss dismissal of individual claims as requested by the parties. The Court “give[s] the Federal Rules of Civil Procedure their plain meaning,” Pavelic & LeFlore v. Marvel Entm’t Grp., 493 U.S. 120, 123 (1989), and finds that Rule 41(a) is limited to dismissal of an entire action. For this reason, the Court DENIES the parties’ stipulated request without prejudice.

6 Should the parties seek to the stipulated dismissal of some, but not all, of the claims in this case, they must amend the complaint under LCR 15(b), and do so by July 3, 2024.

9 Dated June 18, 2024 A 11 Marsha J. Pechman United States Senior District Judge