GS Holistic, LLC v. J's Smoke Shop ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GS HOLISTIC, LLC, Case No. 1:23-cv-00286-ADA-SAB 12 Plaintiff, ORDER DIRECTING THE CLERK OF THE COURT TO TERMINATE J’S SMOKE 13 v. SHOP AS A PARTY IN THIS ACTION 14 J'S SMOKE SHOP, et al., (ECF No. 24) 15 Defendants. 16 17 On September 7, 2023, Plaintiff filed a notice of dismissal of Defendant J’s Smoke Shop 18 pursuant to Federal Rule of Civil Procedure 41(a). (ECF No. 24.) Rule 41(a) of the Federal 19 Rules of Civil Procedure allows a party to dismiss some or all of the defendants in an action 20 through a Rule 41(a) notice. Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); see 21 also Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“The plaintiff may dismiss either 22 some or all of the defendants—or some or all of his claims—through a Rule 41(a)(1) notice.”)); 23 but see Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 687 (9th Cir. 2005) (The 24 Ninth Circuit has “only extended the rule to allow the dismissal of all claims against one 25 defendant, so that a defendant may be dismissed from the entire action.”). “Filing a notice of 26 voluntary dismissal with the court automatically terminates the action as to the defendants who 27 are the subjects of the notice.” Concha, 62 F.3d at 1506. / / / 1 Accordingly, the Clerk of the Court is DIRECTED to terminate Defendant J’s Smoke 2 | Shop as a defendant in this action. 3 4 IT IS SO ORDERED. FA. ee 5 Dated: _ September 8, 2023 ‘ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28