Ermert

UNITED STATES DISTRICT COURT

8 EASTERN DISTRICT OF CALIFORNIA 10 FALCO ERMERT, Case No. 1:23-cv-01037-JLT-SAB 11 Plaintiff, ORDER DIRECTING THE CLERK OF THE COURT TO TERMINATE MARGARITA v. ARAMBULA CANO AND JOSE ANTONIO CHAVEZ AS PARTIES IN THIS ACTION MODERNLY INC., et al., (ECF No. 4) Defendants. 15 16 On October 5, 2023, Plaintiff filed a notice of dismissal of Margarita Arambula Cano and Jose Antonio Chavez pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (ECF No. 4.) The dismissal of these Defendants is without prejudice. (Id. at 1.) 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.”)); 24 …