Zanowick v. Baxter Healthcare, No. 15-56034 (9th Cir. 2017)
Annotate this CaseDefendants challenged the district court's grant of plaintiffs' motion to voluntarily dismiss their action without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). Plaintiffs' claims stemmed from Richard Zanowick's exposure to asbestos, leading to terminal mesothelioma. Defendants claimed that the district court should have dismissed the action with prejudice due to Federal Rule of Civil Procedure 25(a)(1). After Richard died, Rule 25(a)(1) required plaintiffs to file a motion to substitute a new party for Richard, and plaintiffs failed to do so. In the meantime, Richard's wife and her children filed a new suit in state court. After the Rule 25(a)(1) deadline had expired, plaintiffs moved to dismiss the federal action voluntarily without prejudice. The court concluded that Rule 25(a)(1) permitted the district court to allow a late substitution if requested, and it did not require the district court to dismiss the federal action with prejudice. The court reasoned that, based on the record before the district court, both decisions were well within the district court's ambit. Likewise, the district court did not abuse its discretion in granting the Rule 41(a)(2) motion for dismissal without prejudice. Accordingly, the court affirmed the judgment.
Court Description: Fed. R. Civ. P. 25. The panel affirmed the district court’s order granting plaintiffs’ motion to voluntarily dismiss their action without prejudice pursuant to Fed. R. Civ. P. 41(a)(2). On October 12, 2014, plaintiff Richard Zanowick died, and plaintiffs failed to file a timely motion to substitute a new party as required by the 90-day deadline in Fed. R. Civ. P. 25(a)(1). Plaintiff Joan Clark-Zanowick moved to dismiss the action voluntarily without prejudice, or alternatively, to substitute a new party or extend the Rule 25(a)(1) deadline. Defendants contended that Rule 25(a)(1) required dismissal with prejudice. The panel held that Rule 25(a)(1) permitted the district court to allow a late substitution if requested, and did not require the district court to dismiss the federal action with prejudice. The panel also held that the district court did not abuse its discretion in granting the Rule 41(a)(2) motion for dismissal without prejudice. 4 ZANOWICK V. BAXTER HEALTHCARE
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.