Gilbert v. Doctor's Choice Modesto LLC

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DARREN GILBERT, Case No. 1:21-cv-00690-JLT-SAB

Plaintiff, ORDER DIRECTING THE CLERK OF THE

COURT TO TERMINATE NINDI2039 LLC, AND

v. NINDISEVENTEEN LTD. LIABILITY CO. AS

DEFENDANTS IN THIS ACTION

DOCTOR'S CHOICE MODESTO LLC, et (ECF No. 129) al.,

Defendants.

17 On August 1, 2023, Plaintiff filed a notice of dismissal of Defendants Nindi2039 LLC, and Nindiseventeen LTD. Liability Co., without prejudice and without an award of fees or costs. (ECF No. 129.) 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…