Vasquez

UNITED STATES DISTRICT COURT

8 EASTERN DISTRICT OF CALIFORNIA 10 WARDIA VASQUEZ, Case No. 1:21-cv-01099-DAD-SAB 11 Plaintiff, ORDER DIRECTING THE CLERK OF THE COURT TO TERMINATE MARC v. MIRAMONTEZ AS A DEFENDANT IN THIS ACTION O’REILLY AUTO ENTERPRISES, LLC, et al., (ECF No. 5) Defendants.

16 On September 10, 2021, the parties filed a stipulated notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a) of Defendant Marc Miramontez. (ECF No. 5.) The dismissal of this Defendant is without prejudice and with each party to bear their own costs and fees. (Id.) The claims against Defendant O’Reilly Auto Enterprises, LLC, are not subject to the stipulation and will remain active. (Id.) 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…