Escobedo

Escobedo v. Northern Village Associates, LP

Good Law
United States District Court, Eastern District of CaliforniaNovember 27, 20231:23-cv-01364California307 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOSE ESCOBEDO, Case No. 1:23-cv-01364-ADA-SAB

Plaintiff, ORDER DIRECTING THE CLERK OF THE

COURT TO TERMINATE MOUNIR

v. HMAIDAN AS A PARTY IN THIS ACTION

NORTHERN VILLAGE ASSOCIATES, LP, (ECF No. 10) et al., 15 Defendants. 16 On November 22, 2023, Plaintiff filed a notice of dismissal of Defendant Mounir Hmaidan pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (ECF No. 10.) 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 extended the rule to allow the dismissal of all claims…

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