Escobedo

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOSE ESCOBEDO, Case No. 1:23-cv-01338-JLT-SAB

Plaintiffs, ORDER DIRECTING THE CLERK OF THE

COURT TO TERMINATE DEFENDANT

v. SARKIS PANOSSIAN DBA HOUSE OF

KEBAB AS A PARTY IN THIS ACTION

NORTHWOOD ENTERPRISES, L.P., et al., (ECF No. 5) Defendants.

16 On September 25, 2023, Plaintiff filed a notice of dismissal of Defendant Sarkis Panossian dba House of Kebab, pursuant to Federal Rule of Civil Procedure 41(a). (ECF No. 5.) 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 “only…