Escobedo v. B&K Asian Kitchen, Inc. ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 | JOSE ESCOBEDO, Case No. 1:23-cv-00274-JLT-EPG 11 Plaintiff, ORDER RE: NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE ONLY 12 v. AS TO DEFENDANT BK DUANGBOUPHA, TRUSTEE OF THE DUANGBOUPHA 13 | B&K ASIAN KITCHEN, INC, et al., FAMILY TRUST 14 Defendants. (ECF No. 5) 15 16 This matter is before the Court on Plaintiff’s notice of voluntary dismissal (ECF No. 5) 17 pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)Q), dismissing Plaintiff's claims only as 18 to Defendant BK Duangboupha, Trustee of the Duangboupha Family Trust. In light of the 19 voluntary dismissal, and as no defendant has filed an answer or a motion for summary judgment, 20 | Plaintiffs claims against Defendant BK Duangboupha, Trustee of the Duangboupha Family 21 Trust, are terminated, Fed. R. Civ. P. 41(a)(1)(A)Q), and have been dismissed without prejudice. 22 | See Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, the Clerk of 23 | Court is directed to terminate Defendant BK Duangboupha, Trustee of the Duangboupha Family 24 | Trust, from the docket. 25 IT IS SO ORDERED. 26 | Dated: _ April 11, 2023 hey — 7 UNITED STATES MAGISTRATE JUDGE 28