Khoo
(PC) Gray v. Khoo
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
DANA GRAY, Case No. 1: 20-cv-01047-DAD-SAB (PC)
Plaintiff, ORDER REQUIRING DEFENDANTS TO
RESPOND TO PLAINTIFF’S FILING OF
v. NOTICE OF DISMISSAL OF DEFENDANT
B. SHOWALTER
A. KHOO, et al., (ECF No. 60) Defendants.
FIVE DAY DEADLINE
16 On January 21, 2022, Plaintiff filed a notice that Plaintiff is releasing Defendant B. Showalter as a defendant in this action. (ECF No. 60.) 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.”)); 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 allow the dismissal of all claims 25 …