Ninteman

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ROBERT NINTEMAN, Case No. 18-cv-1222-MMA (AGS)

Plaintiff,

ORDER DENYING JOINT MOTION

v. TO DISMISS PLAINTIFF’S THIRD

CAUSE OF ACTION AGAINST

THE DUTRA GROUP and R.E. STAITE

DEFENDANT THE DUTRA GROUP

ENGINEERING, INC.,

15 Defendants. [Doc. No. 57] 16 17 18 Plaintiff Robert Ninteman (“Plaintiff”) and Defendant The Dutra Group (“Dutra”) jointly move to dismiss Plaintiff’s third cause of action for unseaworthiness against Dutra only. See Doc. No. 57. The parties do not state the legal basis for dismissal, but the Court infers the parties move to dismiss pursuant to Federal Rule of Civil Procedure 41(a). The Ninth Circuit has held that “we agree with those courts that have held a plaintiff may not use Rule 41(a)(1)(i) to dismiss, unilaterally, a single claim from a multi- claim complaint.” Ethridge v. Harbor House Rest., 861 F.2d 1389, 1392 (9th Cir. 1988). “Instead, withdrawals of individual claims against a given defendant…