Escobedo v. Northern Village Associates, LP ( 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-01364-ADA-SAB 12 Plaintiff, ORDER DIRECTING THE CLERK OF THE COURT TO TERMINATE TGI FRIDAY’S 13 v. INC. AS A PARTY IN THIS ACTION 14 NORTHERN VILLAGE ASSOCIATES, LP, (ECF No. 12) et al., 15 Defendants. 16 17 On November 29, 2023, Plaintiff filed a notice of dismissal of Defendant TGI Friday’s 18 Inc. pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (ECF No. 12.) Rule 41(a) of the 19 Federal Rules of Civil Procedure allows a party to dismiss some or all of the defendants in an 20 action through a Rule 41(a) notice. Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 21 1997); see also Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“The plaintiff may 22 dismiss either some or all of the defendants—or some or all of his claims—through a Rule 23 41(a)(1) notice.”)); but see Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 687 24 (9th Cir. 2005) (The Ninth Circuit has “only extended the rule to allow the dismissal of all claims 25 against one defendant, so that a defendant may be dismissed from the entire action.”). “Filing a 26 notice of voluntary dismissal with the court automatically terminates the action as to the 27 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 TGI Friday’s 2 | Inc. as a defendant in this action. 3 4 IT IS SO ORDERED. FA. ee 5 | Dated: _ November 30, 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