Automated Summary
Key Facts
On November 14, 2025, Plaintiffs Dakavia Management Corp., Monte Vista Estates, LLC, and Lamar Estates, LLC filed a Notice for Voluntary Dismissal Without Prejudice of Claims Against certain defendants including Invigorate Healthcare, Inc., Invigorate Healthcare, LLC, Invigorate Healthcare Management, LLC, Monte Vista Care Holdings, LLC, Lamar Holdings, LLC, and Rodney Zwahlen. The Court directed the Clerk of Court to terminate these dismissed defendants. The case remains OPEN pending resolution of Plaintiff's case against all of the remaining Defendants Curtis Bigelow, Richard A. Green, Razmik Zakarian, and James Christian Hansen.
Issues
The court addressed whether plaintiffs may voluntarily dismiss claims against certain defendants who have not answered or moved for summary judgment, even when other defendants have. The court held that plaintiffs may dismiss without prejudice pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure with respect to non-appearing defendants. This order directs the Clerk of Court to terminate the dismissed defendants (Invigorate Healthcare, Inc., Invigorate Healthcare, LLC, Invigorate Healthcare Management, LLC, Monte Vista Care Holdings, LLC, Lamar Holdings, LLC, and Rodney Zwahlen) while the case remains open against remaining defendants.
Holdings
The Court directed the Clerk of Court to terminate Defendants Invigorate Healthcare, Inc., Invigorate Healthcare, LLC, Invigorate Healthcare Management, LLC, Monte Vista Care Holdings, LLC, Lamar Holdings, LLC, and Rodney Zwahlen following Plaintiffs' voluntary dismissal without prejudice under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. The case remains open pending resolution against remaining Defendants Curtis Bigelow, Richard A. Green, Razmik Zakarian, and James Christian Hansen.
Remedies
The Court directed the Clerk of Court to terminate certain defendants from the case. Specifically, Defendants Invigorate Healthcare, Inc., Invigorate Healthcare, LLC, Invigorate Healthcare Management, LLC, Monte Vista Care Holdings, LLC, Lamar Holdings, LLC, and Rodney Zwahlen were terminated from the case following a voluntary dismissal without prejudice filed by the Plaintiffs on November 14, 2025. The case remains open pending resolution against remaining Defendants Curtis Bigelow, Richard A. Green, Razmik Zakarian, and James Christian Hansen.
Legal Principles
The court applied Federal Rule of Civil Procedure 41(a)(1)(A)(i) to permit voluntary dismissal without prejudice of claims against defendants who had not answered or moved for summary judgment. The notice of voluntary dismissal automatically terminates the action as to the defendants who are the subjects of the notice.
Precedent Name
- City of San Jose v. San Jose Police Officers' Ass'n
- Constantinides v. Los Angeles Cnty. Sheriff
- Concha v. London
- Maxx Grp., LLC v. Uriah Prods., LLC
Cited Statute
Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure
Judge Name
Sheila K. Oberto
Passage Text
- The Court therefore DIRECTS the Clerk of Court to terminate Defendants Invigorate Healthcare, Inc.; Invigorate Healthcare, LLC; Invigorate Healthcare Management, LLC; Monte Vista Care Holdings, LLC; Lamar Holdings, LLC; and Rodney Zwahlen. This case shall remain OPEN pending resolution of Plaintiff's case against all of the remaining Defendants Curtis Bigelow, Richard A. Green, Razmik Zakarian, and James Christian Hansen.
- On November 14, 2025, Plaintiffs Dakavia Management Corp., Monte Vista Estates, LLC, and Lamar Estates, LLC filed a Notice for Voluntary Dismissal Without Prejudice of Claims Against Defendants Invigorate Healthcare, Inc., Invigorate Healthcare, LLC, Invigorate Healthcare Management, LLC, Monte Vista Care Holdings, LLC, Lamar Holdings, LLC, and Rodney Zwahlen, notifying the Court that these Defendants are voluntarily dismissed without prejudice.
- Plaintiffs filed this notice before any of the named opposing parties served either an answer or a motion for summary judgment. As such, Plaintiffs have voluntarily dismissed their claims as to named non-appearing Defendants Invigorate Healthcare, Inc.; Invigorate Healthcare, LLC; Invigorate Healthcare Management, LLC; Monte Vista Care Holdings, LLC; Lamar Holdings, LLC; and Rodney Zwahlen only without prejudice pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure.