Pedrina v. Han Kuk Chun, 987 F.2d 608 (9th Cir. 1993). · Go Syfert
Pedrina v. Han Kuk Chun, 987 F.2d 608 (9th Cir. 1993). Cases Citing This Book View Copy Cite
Quick Summary

Under Rule 41(a)(1), a plaintiff may dismiss fewer than all named defendants without a court order by filing a notice of dismissal before an answer or summary judgment.

After plaintiffs removed a defendant from their amended complaint, the district court ordered them to file a motion for voluntary dismissal. When plaintiffs failed to comply with this order, the district court granted the defendant's motion to dismiss with prejudice as a sanction. The court must determine whether Federal Rule of Civil Procedure 41(a)(1) allows a plaintiff to dismiss fewer than all named defendants without a court order. Under Rule 41(a)(1), a plaintiff may dismiss an action without a court order by filing a notice of dismissal before the adverse party serves an answer or a motion for summary judgment. Because the rule provides an absolute right to dismiss specific defendants without court permission, the district court lacked the authority to require a motion and erred in sanctioning the plaintiffs.

284 citation events (254 in the last 25 years) across 34 distinct courts.
Treatment trajectory · 1993 → 2026 · click a year to view as-of
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Cited for
At page 609 Voluntary dismissal of defendants under rule 41(a)(1)42 citing casesThe question presented by this appeal is whether Rule 41(a)(11 citing court put it this way
  • Elliott, No. 3:25-cv-02472 (S.D. Cal. Oct. 15, 2025).
    “allows a plaintiff to 12 dismiss without a court order fewer than all of the named defendants”
  • Interfocus Inc. v. The Identified in Schedule A, No. 1:22-cv-02259 (N.D. Ill. June 7, 2023).
    (The question presented by this appeal is whether Rule 41(a)(1)
  • The Doctor & the Professor LLC d/b/a/ 17/64 Kitchen & Bar v. Those Certain Underwriters at Lloyds of London Participating in Brit Global Syndicate No. 2987, No. 1:19-cv-00004 (D.V.I. Sept. 13, 2022).
    The proper procedural mechanism for dismissing less than all of the claims in an action is a motion to amend under Federal Rule of Civil Procedure 15(a).” (citing Pedrina v. Han Kuk Chun, 987 F.2d 608, 609-10 (9th Cir. 1993)) (internal cit…
  • Flores v. Point Pickup Tech., Inc., No. 1:22-cv-00193 (E.D. Cal. Apr. 22, 2022).
    Palmer (SBN 186601) 1 JACKSON LEWIS P.C. 2 400 Capitol Mall, Suite 1600 Sacramento, California 95814 3 Telephone: (916) 341-0404 Facsimile: (916) 341-0141 4 E-mail: [email protected] 5 Jamielee F. Martinez (SBN 303927) 6 JACKSON…
  • (PC) Ritter v. McCabe, No. 1:19-cv-00324 (E.D. Cal. Oct. 20, 2021).
    Pedrina v. Chun, 987 F.2d 608, 609 (9th Cir. 1993) 11 | (agreeing with the “First, Third, Fifth, and Eighth circuits that Rule 41(a)(1) allows a plaintiff to 12 | dismiss without a court order any defendant who has yet to serve an answer o…
  • Blair v. Comprehensive Healthcare Mgmt. Servs., LLC, No. 2:18-cv-00254, 2021 WL 3855931 (W.D. Pa. Aug. 27, 2021).
    Pedrina v. Chun, 987 F.2d 608, 609-10 (9th Cir. 1993); Cabrera v. Municipality of Bayamon, 622 F.2d 4, 5-6 (1st Cir. 1980); Plains Growers, Inc. v. Ickes—Braun Glasshouses, Inc., 474 F.2d 250, 253-55 (Sth Cir. 1973); Young v. Wilky Carrier…
  • Brooke v. Bakerao, LLC, No. 1:21-cv-00765 (E.D. Cal. July 28, 2021).
    Pedrina v. Chun, 987 F.2d 608, 609 (9th 25 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 26 the parties are left as though no action had been brought, the defendant can’t complain, and t…
  • Avalos v. The Sherwin-Williams Co., No. 1:21-cv-00536 (E.D. Cal. May 12, 2021).
    Pedrina v. Chun, 987 F.2d 608, 609 (9th 27 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, the parties are left as though no action had been brought, the defendant can’t complain, and the…
  • Avalos v. Mascot LLC, No. 1:20-cv-01739 (E.D. Cal. Apr. 2, 2021).
    Pedrina v. Chun, 987 F.2d 608, 609 (9th Cir. 1993). “[A] dismissal under 25 Rule 41(a)(1) is effective on filing, no court order is required, the parties are left as though no 26 action had been brought, the defendant can’t complain, and t…
  • Avalos v. Stephen Investments, Inc., No. 1:20-cv-01818 (E.D. Cal. Mar. 5, 2021).
    Pedrina v. Chun, 987 F.2d 608, 609 (9th 27 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, the parties are left as though no action had been brought, the defendant can’t complain, and the…
Show 32 more citing cases
  • Tafoya v. City of Hanford, No. 1:20-cv-01707 (E.D. Cal. Dec. 22, 2020).
    Pedrina v. Chun, 987 F.2d 608, 609 (9th 4 | Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 5 | the parties are left as though no action had been brought, the defendant can’t complain, and…
  • Avalos v. W. Mobile Glass, No. 1:20-cv-01392 (E.D. Cal. Dec. 14, 2020).
    Pedrina v. Chun, 987 F.2d 608, 609 (9th 26 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 27 the parties are left as though no action had been brought, the defendant can’t complain, and t…
  • Enriquez v. Renew Fin., LLC, No. 1:20-cv-00914 (E.D. Cal. Nov. 25, 2020).
    Pedrina v. Chun, 987 F.2d 608, 609 (9th 25 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 26 the parties are left as though no action had been brought, the defendant can’t complain, and t…
  • Farmers Ins. Exch. v. Travelers Cas. Ins. Co. of Am., No. 1:20-cv-01272 (E.D. Cal. Oct. 1, 2020). 2 cites
    “The plaintiff may dismiss either some or all of the defendants—or 7 | some or all of his claims—through a Rule 41(a)(1) notice.” Concha v. London, 62 F.3d 1493 , 8 | 1506 (9th Cir. 1995) (citing Pedrina v. Chun, 987 F.2d 608, 609 (9th Cir…
  • Willform v. City of Ceres, No. 1:20-cv-00989 (E.D. Cal. Aug. 13, 2020).
    Here, no defendant 21 has filed an answer or motion for summary judgment. 22 “The plaintiff may dismiss either some or all of the defendants—or some or all of his 23 claims—through a Rule 41(a)(1) notice.” Concha v. London, 62 F.3d 1493, 1…
  • Atain Specialty Ins. Co. v. Marquez, No. 1:19-cv-01672 (E.D. Cal. Aug. 12, 2020).
    The Court shall construe the notice as a request to dismiss certain defendants 7 | under Rule 41(a)(1)(A)(@). 8 “The plaintiff may dismiss either some or all of the defendants—or some or all of his 9 | claims—through a Rule 41(a)(1) notice…
  • Cervantes v. Dhami, No. 1:20-cv-00733 (E.D. Cal. June 26, 2020).
    Pedrina v. Chun, 987 F.2d 608, 609 (9th 26 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 27 the parties are left as though no action had been brought, the defendant can’t complain, and t…
  • Santiago v. ProCollect, Inc., No. 1:20-cv-00232 (E.D. Cal. May 20, 2020).
    Pedrina v. Chun, 987 F.2d 608, 609 (9th 24 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 25 the parties are left as though no action had been brought, the defendant can’t complain, and t…
  • Joe Hand Promotions, Inc. v. Louis, No. 1:19-cv-01537 (E.D. Cal. Apr. 16, 2020).
    Pedrina v. Chun, 987 F.2d 608, 609 (9th 5 | Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 6 | the parties are left as though no action had been brought, the defendant can’t complain, and…
  • Mojarro v. Barr, No. 1:20-cv-00126 (E.D. Cal. Apr. 16, 2020).
    Pedrina v. Chun, 987 F.2d 608, 609 (9th 4 | Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 5 | the parties are left as though no action had been brought, the defendant can’t complain, and…
  • Tafoya v. City of Hanford, No. 1:20-cv-00010 (E.D. Cal. Apr. 1, 2020).
    Pedrina v. Chun, 987 F.2d 608, 609 (9th 2 | Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 3 | the parties are left as though no action had been brought, the defendant can’t complain, and…
  • Vets. Painting Contractors, Inc. v. Straub Constr., Inc., No. 1:20-cv-00036 (E.D. Cal. Mar. 10, 2020).
    Pedrina v. Chun, 987 F.2d 608, 609 (9th 1 | Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 2 | the parties are left as though no action had been brought, the defendant can’t complain, and…
  • Acosta v. Delsid, Inc., No. 1:19-cv-01622 (E.D. Cal. Jan. 9, 2020).
    Pedrina v. Chun, 987 F.2d 608, 609 (9th 5 | Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 6 | the parties are left as though no action had been brought, the defendant can’t complain, and…
  • Strojnik v. Uniwell Fresno Hotel, LLC, No. 1:19-cv-01193 (E.D. Cal. Jan. 2, 2020).
    Pedrina v. Chun, 987 F.2d 608, 609 (9th 27 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, the parties are left as though no action had been brought, the defendant can’t complain, and the…
  • Van Leeuwen v. Bank of Am., N.A., 304 F.R.D. 691 (D. Utah 2015).published
    Pedrina, 987 F.2d at 609.
  • Peters v. West Park Hosp., 2003 WY 117, 76 P.3d 821.published
    This "absolute right" for a plaintiff voluntarily to dismiss an action ... leaves no role for the court to play.] American Soccer Co., Inc., 187 F.3d at 1110. [113] Numerous other federal court decisions have reached the same conclusion. *…
  • Com. Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074 (9th Cir. 1999).published 3 cites
    As we stated in Pedrina v. Chun, 987 F.2d 608, 610 (9th Cir.1993) (quoting American Cyanamid Co. v. McGhee, 317 F.2d 295, 297 (5th Cir.1963)): Th[e] [filing of notice] itself closes the file.
  • Madsen v. Park City, 6 F. Supp. 2d 938 (N.D. Ill. 1998).published
    In a multiple defendant ease, it is permissible to voluntarily dismiss just some of the defendants, Pedrina, 987 F.2d at 609-10; Charles A. Wright & Arthur R.
  • Wilson v. City of San Jose, 111 F.3d 688 (9th Cir. 1997).published
    Id.; Pedrina v. Chun, 987 F.2d 608, 609-10 (9th Cir.1993).
  • Env't Dynamics, Inc. v. Robert Tyer & Assocs., Inc., 929 F. Supp. 1212 (N.D. Iowa 1996).published 3 cites
    Pedrina, 987 F.2d at 609.
  • Concha v. London, 62 F.3d 1493 (9th Cir. 1995).published
    Pedrina v. Chun, 987 F.2d 608, 609 (9th Cir.1993).
  • Houston v. Lawson, No. 5:23-cv-00020 (M.D. Ga. Aug. 16, 2023).
  • Berbig v. U-Haul Co of Arizona, No. 2:21-cv-00249 (D. Idaho Feb. 28, 2023).
  • Rosario v. Strawn, No. 2:19-cv-01040, 2020 WL 5810009 (W.D. Pa. Sept. 30, 2020).
  • Baker Farming Co., LLC v. United States of Am., No. 1:24-cv-01120 (E.D. Cal. Sept. 19, 2025).
  • Dobbs, No. 1:25-cv-01451 (E.D. Cal. Jan. 9, 2026).
  • Chandi, No. 1:26-cv-03656 (E.D. Cal. July 1, 2026).
  • Rangel, No. 1:26-cv-01972 (E.D. Cal. July 27, 2026).
  • Horn, No. 1:26-cv-04035 (E.D. Cal. Aug. 27, 2026).
  • Dawkins, No. 1:26-cv-04913 (E.D. Cal. Sept. 22, 2026).
  • Paul Contreras v. The CEO Grp., Inc., et al., No. 1:26-cv-06226 (E.D. Cal. Sept. 23, 2026).
  • Moran v. State Farm Fire & Cas. Co., No. 5:24-cv-00880 (W.D. Okla. Oct. 29, 2024).
At page 610 Voluntary dismissal under rule 41(a)(1) and court authority17 citing casesThe language of Rule 8 || 41(a)(1) is unequivocal. It permits a plaintiff to dismiss an action ‘without order of court.’” 9 (citation omitted)3 citing courts put it this way · 16 listed here
  • (PC) Giraldes v. Bobbala, No. 2:17-cv-02602 (E.D. Cal. Oct. 17, 2019).
    (The 6 language of Rule 41(a)(1) is unequivocal. It permits a plaintiff to dismiss an action ‘without order 7 of court.’)
  • Muir v. L3Harris Tech. Inc., No. 2:19-cv-05887 (D. Ariz. Aug. 14, 2020).
    “the 7 language of rule 41(a)(1) is unequivocal. it permits a plaintiff to dismiss an action 8 'without order of court.”
  • Gomez v. Ackerman Fam. Vineyards LLC, No. 3:21-cv-09184 (N.D. Cal. July 11, 2022).
    (The language of Rule 8 || 41(a)(1) is unequivocal. It permits a plaintiff to dismiss an action ‘without order of court.’” 9 (citation omitted))
  • Jeffrey Connell v. Lima Corp., 988 F.3d 1089 (9th Cir. 2021).published
    Id. at 610.
  • Adams v. USAA Cas. Ins. Co., 863 F.3d 1069 (8th Cir. 2017).published
    See also Bechuck v. Home Depot U.S.A., Inc., 814 F.3d 287, 292-93 (5th Cir. 2016) (“Court-ordered sanctions should be neither ‘a consequence’ of a voluntary dismissal without prejudice nor a ‘condition’ placed upon such dismissal.” (quotin…
  • State Ex Rel. Child., Youth & Families Dep't v. Scott C., 2016-NMCA-012, 365 P.3d 27.published
    “designed to permit a disengagement of the parties at the behest of the plaintiff in the early stages of a suit, before the defendant has expended time and effort in the preparation of his case”
  • Van Leeuwen v. Bank of Am., N.A., 304 F.R.D. 691 (D. Utah 2015).published
    Pedrina, 987 F.2d at 609.
  • Miniter v. Moon, No. 2009-2330 (D.D.C. Sept. 7, 2010).published
    (explaining that the district court had no authority to grant a defendant’s motion to dismiss with prejudice even if it was filed prior to the plaintiff’s Rule 41(a)(1)(A)(i) notice of dismissal)
  • Miniter v. Sun Myung Moon, 736 F. Supp. 2d 41 (D.D.C. 2010).published
    (explaining that the district court had no authority to grant a defendant's motion to dismiss with prejudice even if it was filed prior to the plaintiff's Rule 41(a)(l)(A)(i) notice of dismissal)
  • Duke Energy Trading & Mktg., L.L.C. v. Gray Davis, Governor of the State of California, & California Power Exch. Corp., 267 F.3d 1042 (9th Cir. 2001).published
    Pedrina v. Chun, 987 F.2d 608, 610 (9th Cir.1993).
Show 6 more citing cases
  • Com. Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074 (9th Cir. 1999).published 3 cites
    As we stated in Pedrina v. Chun, 987 F.2d 608, 610 (9th Cir.1993) (quoting American Cyanamid Co. v. McGhee, 317 F.2d 295, 297 (5th Cir.1963)): Th[e] [filing of notice] itself closes the file.
  • Am. Soccer Co. v. Score First Enter., 187 F.3d 1108 (9th Cir. 1999).published 2 cites
    He suffers no impairment beyond his fee for filing.” Pedrina v. Chun, 987 F.2d 608, 610 (9th Cir.1993) (quoting American Cyanamid Co. v. McGhee, 317 F.2d 295, 297 (5th Cir.1963)).
  • Am. Soccer Co., Inc. v. Scre First Enter., 187 F.3d 1108 (1st Cir. 1999).published
    “may not be extinguished or circumscribed by adversary or court”
  • Meadows v. Lombardo, No. 2:23-cv-00755 (D. Nev. June 21, 2024). 2 cites
    See Pedrina v. Han Kuk Chun, 987 F.2d 608 , 610 21 n.2 (9th Cir. 1993); see also 8 Moore’s Federal Practice – Civil § 41.21 (“[C]ourts have held that 22 Rule 41(a) permits fewer than all plaintiffs to withdraw from an action.”); Charles Al…
  • Youssef v. Tishman Constr. Corp., 744 F.3d 821 (2d Cir. 2014).published 2 cites
    (employing this remedy)
  • Ilaw v. United States, 632 F. App'x 614 (Fed. Cir. 2015).unpublished
At page 608 “the first, third, fifth, eighth, and ninth circuits form the majority in holding that 'rule 41(a)(1) allows a plaintiff to dismiss without a court order any defendant who has yet to serve an answer or a motion for summary judgment.”0 citing cases2 citing courts quote it · passage not found verbatim in the opinion (83%)
    Other citing cases4 with no pin cite or quoted language on record
    Retrieving the full opinion text from the archive…
    Raymond PEDRINA
    v.
    Han Kuk CHUN Y.Y. Valley Corp. Tetsuo Yasuda Robert Carter Masanori Kobayashi Yoshinori "Ken" Hayashida City and County of Honolulu Frank F. Fasi, Mayor Hiroshi Kobayashi Eugene Lum Nora Lum Ernest Souza
    No. 92-15065.
    Court of Appeals for the Ninth Circuit.
    Mar 4, 1993.
    Published opinion
    987 F.2d 608
    93 Cal. Daily Op. Serv. 1572
    1993 U.S. App. LEXIS 3546
    Thomas Lavigne, Kaneohe, Hawaii; Anthony P. Locricchio, Kailua, Hawaii, for plaintiffs-appellants., Paul Alston, Alston Hunt Floyd & Ing; Robert C. Godbey, Gilbert & Jeynes; Stanley E. Levin; Rodney Yeary, Deputy City Atty.; James E. Duffy, Jr., Fujiyama Duffy & Fujiyama; Wallace S. Fujiyama; Mer-vyn Kotake; Eugene Lum; Robert J. Hack-man, Goodsill Anderson Quinn & Stifel, Honolulu, Hawaii, for defendants-appellees.
    Browning, Norris, Reinhardt.
    Cited by 11 opinions  |  Published
    1 passage pin-cited by 1 case
    Pinpoint authority: bottom 21%
    Citer courts: D. Arizona (1)
    WILLIAM A. NORRIS, Circuit Judge;

    Rule 41(a)(1) of the Federal Rules of Civil Procedure provides, in relevant part:

    [A]n action may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs.

    The question presented by this appeal is whether Rule 41(a)(1) allows a plaintiff to dismiss without a court order fewer than all of the named defendants, or whether the Rule is limited to dismissals of the plaintiff’s entire case.

    The answer to this question turns on our interpretation of the word “action” in Rule 41(a)(1), and whether it refers to the entire controversy against all the defendants, or to the entirety of claims against any single defendant. Other circuits are divided on the question. Compare Plains Growers, Inc. v. Ickes-Braun Glasshouses, Inc., 474 F.2d 250, 253-55 (5th Cir.1973) (plaintiff is entitled to a dismissal against one defendant under Rule 41(a)(1), “even though the action against another defendant would remain pending.”) with Harvey Aluminum, Inc. v. American Cyanamid Co., 203 F.2d 105, 108 (2d Cir.), cert. denied, 345 U.S. 964, 73 S.Ct. 949, 97 L.Ed. 1383 (1953) (“Rule 41(a)(1) provides for the voluntary dismissal of an ‘action’ not a ‘claim’; the word ‘action’ as used in the Rules denotes the entire controversy, whereas ‘claim’ refers to what has traditionally been termed ‘cause of action.’ ”)1

    We agree with the First, Third, Fifth, and Eighth circuits that Rule 41(a)(1) allows a plaintiff to dismiss without a court order any defendant who has yet to serve an answer or a motion for summary judg[*610]ment.[2] Rule 41(a)(1) is “designed to permit a disengagement of the parties at the behest of the plaintiff ... in the early stages of a suit, before the defendant has expended time and effort in the preparation of his case.” Armstrong v. Frostie Co., 453 F.2d 914, 916 (4th Cir.1971). Permitting a plaintiff to dismiss fewer than all of the named defendants is consistent with this purpose.

    Having decided this threshold legal question, we now apply it to the facts of the case before us.

    In this appeal, plaintiffs challenge the district court’s order dismissing defendant George Hong with prejudice. The dispute arose when plaintiffs dropped Hong’s name from their fourth amended complaint. Dissatisfied with the plaintiffs’ action, the district court entered an order which stated:

    Since parties must ordinarily be dropped by motion, see Fed.R.Civ.P. 23(e) [sic], Plaintiffs are ordered to file an appropriate motion for voluntary dismissal of these parties [i.e., all defendants named in the third amended complaint but dropped in the fourth amended complaint, including Hong].

    When plaintiffs did not respond immediately to the court’s order, Hong filed a motion to dismiss with prejudice. Plaintiffs then filed a notice of voluntary dismissal of Hong under Rule 41(a)(1). The district court, ruling that plaintiffs’ failure to file a motion for dismissal constituted a violation of its order, granted Hong’s motion to dismiss with prejudice as a sanction for this violation.

    Plaintiffs argue that the district court’s sanction was an abuse of discretion because it was based upon an invalid court order. Plaintiffs contend that the court had no authority to require them to obtain the court’s permission to dismiss Hong because Rule 41(a)(1) granted them an absolute right to dismiss Hong without prejudice [3] and without prior leave of court. We agree.[4]

    The language of Rule 41(a)(1) is unequivocal. It permits a plaintiff to dismiss an action “without order of court.” Fed. R.Civ.P. 41(a)(1). As the court stated in American Cyanamid, Co. v. McGhee, 317 F.2d 295, 297 (5th Cir.1963):

    Th[e] [filing of notice] itself closes the file. There is nothing the defendant can do to fan the ashes of that action into life and the court has no role to play. This is a matter of right running to the plaintiff and may not be extinguished or circumscribed by adversary or court. There is not even a perfunctory order of court closing the file. Its alpha and omega was the doing of the plaintiff alone. He suffers no impairment beyond his fee for filing.

    Because the district court had no authority to order plaintiffs to dismiss Hong by motion,, the court may not sanction plaintiffs for failing to do so.

    The judgment of the district court is VACATED and the case is REMANDED with instructions to enter an order dismissing Hong without prejudice.

    1

    The First, Third, and Eighth circuits agree with the Fifth. See Cabrera v. Municipality of Bayamon, 622 F.2d 4, 6 (1st Cir.1980); Young v. Wilky Carrier Corp., 150 F.2d 764, 764 (3d Cir.), cert. denied, 326 U.S. 786, 66 S.Ct. 470, 90 L.Ed. 477 (1945); Johnston v. Cartwright, 355 F.2d 32, 39 (8th Cir.1966).

    Only the Second and Sixth circuits disagree. See Harvey Aluminum, supra; Philip Carey Mfg. Co. v. Taylor, 286 F.2d 782, 785 (6th Cir.), cert. denied, 366 U.S. 948, 81 S.Ct. 1903, 6 L.Ed.2d 1242 (1961).

    2

    This view is endorsed by the principal treatises on civil procedure. See 9 C. Wright and A. Miller, Federal Practice & Procedure, Civil § 2362 at 149-150 (1971) ("The sounder view and the weight of authority” suggest that a plaintiff may use Rule 41(a)(1) to dismiss fewer than all of the named defendants); 5 J. Moore, J. Lucas & J. Wicker, Moore’s Federal Practice ¶ 41.06-1, at 41-86 to 41-88 (2d ed. 1992) (The "better view” holds that Rule 41 permits dismissal “whether it is fewer than all the defendants against whom a dismissal is sought to be taken, or fewer than all the plaintiffs who seek to withdraw from the action.").

    3

    A dismissal under Rule 41(a)(l)(i) is without prejudice, unless the plaintiff had already dismissed the action once before. See Fed.R.Civ.P. 41(a)(1) ("Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed ... an action based on or including the same claim.”).

    4

    We have appellate jurisdiction to review the court order dismissing Hong with prejudice because the district court directed the entry of a final judgment in favor of Hong under Rule 54(b). We reject plaintiffs’ argument that the district court abused its discretion in entering the 54(b) judgment.