Guagliardo
eCash Technologies, Inc. v. Guagliardo
Opinion
Lead Opinion
MEMORANDUM **
Mark Guagliardo appeals the district court’s decision dismissing his state law counterclaims with prejudice, dismissing his counterclaim for cancellation of appellee eCash Technologies, Ine.’s federal trademark registration with prejudice, and granting appellee’s motion to dismiss and motion to strike despite an alleged violation of the district court’s meet-and-confer requirements. We affirm the district court’s decision in its entirety.
Appellant’s State Law Counterclaims
Appellant first seeks to overturn the district court’s dismissal of his state law counterclaims with prejudice, arguing that he had already voluntarily dismissed those counterclaims without prejudice under Rule 41(a)(1) of the Federal Rules of Civil Procedure. Rule 41(a)(1), however, only applies to dismissals of all claims against a particular defendant, not to dismissals of less than all claims against that defendant. See Gen. Signal Cotp. v. MCI Telecomms. Corp., 66 F.3d 1500, 1513 (9th Cir.1995); Ethridge v. Harbor House Rest., 861 F.2d 1389 , 1392 (9th Cir.1988). Appellant’s October 4, 2000 Notice of Dismissal sought to dismiss only his state law counterclaims, thus leaving additional…