Gilbert v. Modesto 2241 Petroleum Inc.

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DARREN GILBERT, Case No. 1: 22-cv-00150-DAD-SAB

Plaintiffs, ORDER DIRECTING THE CLERK OF THE

COURT TO TERMINATE BALJIT BHATTI

v. AS A PARTY IN THIS ACTION

MODESTO 2241 PETROLEUM, INC., et al., (ECF No. 4) Defendants.

16 On March 9, 2022, Plaintiff filed a notice of dismissal of Defendant Baljit Bhatti pursuant to Federal Rule of Civil Procedure 41(a). On the same date, Plaintiff also filed a first amended complaint that omits this Defendant. 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…