Escobedo v. Northwood Enterprises, L.P. ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE ESCOBEDO, Case No. 1:23-cv-01338-JLT-SAB 12 Plaintiffs, ORDER DIRECTING THE CLERK OF THE COURT TO TERMINATE DEFENDANT 13 v. SARKIS PANOSSIAN DBA HOUSE OF KEBAB AS A PARTY IN THIS ACTION 14 NORTHWOOD ENTERPRISES, L.P., et al., (ECF No. 5) 15 Defendants. 16 17 On September 25, 2023, Plaintiff filed a notice of dismissal of Defendant Sarkis 18 Panossian dba House of Kebab, pursuant to Federal Rule of Civil Procedure 41(a). (ECF No. 5.) 19 Rule 41(a) of the Federal Rules of Civil Procedure allows a party to dismiss some or all of the 20 defendants in an action through a Rule 41(a) notice. Wilson v. City of San Jose, 111 F.3d 688, 21 692 (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. / / / 1 Accordingly, the Clerk of the Court is DIRECTED to terminate Defendant Sarkis 2 | Panossian dba House of Kebab as a defendant in this action, without prejudice. 3 4 IT IS SO ORDERED. FA. ee 5 | Dated: _ September 26, 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