Guagliardo

eCash Technologies, Inc. v. Guagliardo

Good Law
35 F. App'x 498
United States Court of Appeals for the Ninth CircuitMay 13, 2002Nos. 00-57107, 01-55325, 01-56076; D.C. No. CV 00-03292(ABC)California1,088 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.