PLAINTIFF'S REQUEST FOR DISMISSAL WITH PREJUDICE

Fed. Rule Civ. Proc. 41(a)(2)

WILLIAM H. ORRICK, District Judge.

To the Clerk of the Court, All Interested Parties and Their Respective Attorneys of Record:

Plaintiff hereby requests that this action be dismissed in its entirety with prejudice. Rule 41(a)(2) of the Federal Rules of Civil Procedure provides, in part: "[A]n action shall not be dismissed at Plaintiff's instance save upon order of the Court and upon such terms and conditions as the court deems proper[. . .]. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice." Here, Plaintiff is requesting dismissal WITH prejudice.

"When the court grants a motion to dismiss certain claims (e.g. for failure to state a claim,) plaintiff may ask the court to dismiss the remaining claims without prejudice in order to obtain appellate review." (Court approval is required; See FRCP 41(a)(2), discussed at § 16:343 ff.) Provided this is not an attempt to "manipulate" appellate jurisdiction, the judgment entered after the district court grants the motion to dismiss may be treated as a final judgment [See James v. Price Stern Sloan, Inc. (9th Cir. 2002) 283 F3rd 1064, 1070" [Rutter citation, § 16:407]

Here, in light of this Court's May 8, 2014 Order concerning partial summary judgment further clarified to Plaintiff on June 30, 2014, Plaintiff believes that judicial economy is best served by way of dismissal of all remaining claims with prejudice.

IT IS SO ORDERED: Plaintiff's case is dismissed with prejudice.