Aro Pistachios, Inc. v. Dan On Foods Corporation

Good Law
United States District Court, Eastern District of CaliforniaAugust 20, 20241:24-cv-00322California318 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ARO PISTACHIOS, INC., Case No. 1:24-cv-0322-JLT-SAB

Plaintiff, ORDER DIRECTING THE CLERK OF THE

COURT TO TERMINATE PNC BANK

v. NATIONAL ASSOCIATION AS A PARTY

IN THIS ACTION

DAN ON FOODS CORPORATION, et al., (ECF No. 20) Defendants.

16 On August 20, 2024, a stipulation was filed to dismiss Defendant PNC Bank National Association as a party to this action with prejudice pursuant to Federal Rule of Civil Procedure 41(a). Rule 41(a) of the Federal Rules of Civil Procedure allows a party to dismiss some or all of the defendants in an action through a Rule 41(a) notice. Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); see also Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“The plaintiff may dismiss either some or all of the defendants—or some or all of his claims—through a Rule 41(a)(1) notice.”)); but see Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 687 (9th Cir. 2005) (The Ninth Circuit has “only extended the rule to…

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