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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 110431
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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In the 10th federal district can I dismiss fewer than all defendants

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In the 10th federal district can I dismiss fewer than all defendants under 41(a)(1)(A)? I had filed a 41(a)(1)(A) voluntary dismissal against one defendant but now I am worried that since all claims in my complaint were against all defendants, the dismissal of the claims against the one would dismiss all defendants. I had asked the court for leave to file an amended complaint before filing the 41(a)(1) that didnt name the defendant I dismissed in all claims - but the court hadnt responded to that yet.
No, a plaintiff can dismiss individual parties to the suit and dismissing one party does not mean that all other parties need to be dismissed.

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