Gilbert v. Shahi Associates Incorporated ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 DARREN GILBERT, Case No. 1:21-cv-01375-DAD-SAB 11 Plaintiff, ORDER DIRECTING THE CLERK OF THE 12 COURT TO TERMINATE SHAHI v. ASSOCIATES INCORPORATED dba 13 WATERFORD MARKET AS A PARTY IN SHAHI ASSOCIATES INCORPORATED THIS ACTION 14 dba WATERFORD MARKET, et al., (ECF No. 10) 15 Defendants. 16 17 On December 8, 2021, Plaintiff filed a notice of dismissal of Defendant Shahi Associates 18 Incorporated dba Waterford Market pursuant to Federal Rule of Civil Procedure 41(a). (ECF 19 No. 10.) Rule 41(a) of the Federal Rules of Civil Procedure allows a party to dismiss some or all 20 of the defendants in an action through a Rule 41(a) notice. Wilson v. City of San Jose, 111 F.3d 21 688, 692 (9th Cir. 1997); see also Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“The 22 plaintiff may dismiss either some or all of the defendants—or some or all of his claims—through 23 a Rule 41(a)(1) notice.”)); but see Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 24 683, 687 (9th Cir. 2005) (The Ninth Circuit has “only extended the rule to allow the dismissal of 25 all claims against one defendant, so that a defendant may be dismissed from the entire action.”). 26 “Filing a notice of voluntary dismissal with the court automatically terminates the action as to 27 the defendants who are the subjects of the notice.” Concha, 62 F.3d at 1506. Accordingly, the Clerk of the Court is DIRECTED to terminate Defendant Shahi 1 | Associates Incorporated dba Waterford Market as a defendant in this action. 2 3 IT IS SO ORDERED. FA. ee 4 | Dated: _ December 9, 2021 ; ; UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28