J & J Sports Producions, Inc. v. Napuri

Filing 41

ORDER by Judge ARMSTRONG granting 39 Motion to Dismiss (lrc, COURT STAFF) (Filed on 1/17/2013)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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8 J & J SPORTS PRODUCTIONS, INC.,

Plaintiff,

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vs.

Case No: C 10-04171 SBA
ORDER
Docket 39

11 ULISES CONSTANTINO NAPURI,

individually and d/b/a INCAS GRILL,
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Defendant.
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On January 16, 2013, Plaintiff filed a motion to dismiss under Rule 41(a)(2) of the

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Federal Rules of Civil Procedure seeking to dismiss its fourth claim for violation of

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Business & Professions Code § 17200 et seq. ("UCL"). Dkt. 39. However, Rule 41(a)

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governs dismissal of entire actions, not of individual claims. See Hells Canyon

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Preservation Council v. U.S. Forest Serv., 403 F.3d 683, 687-688 (9th Cir. 2005).

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Withdrawals of individual claims against a given defendant are governed by Rule 15 of the

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Federal Rules of Civil Procedure, which addresses amendments to pleadings. See id. (Rule

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15 is the appropriate mechanism where a plaintiff desires to eliminate one or more but less

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than all of several claims); see also Gen. Signal Corp. v. MCI Telecomms. Corp., 66 F.3d

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1500, 1513 (9th Cir. 1995) ("[W]e have held that Rule 15, not Rule 41, governs the

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situation when a party dismisses some, but not all, of its claims."). Accordingly, the Court

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construes Plaintiff's motion as a motion to withdraw its UCL claim under Rule 15. Having

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read and considered Plaintiff's motion, the Court hereby GRANTS the motion. This Order

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terminates Docket 39.

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IT IS SO ORDERED.
Dated: 1/17/13

______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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