Sanchez v. Dynamic Recovery Solutions, LLC

1:19-cv-00580 | E.D. Cal. | Oct 9, 2019

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA JOANNE SANCHEZ, Case No. 1:19-cv-00580-LJO-SAB Plaintiff, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST DOCKET v. TO REFLECT VOLUNTARY DISMISSAL DYNAMIC RECOVERY SOLUTIONS, (ECF No. 11) LLC,

Defendant. This action was filed on May 2, 2019. (ECF No. 1.) Defendant has not answered or otherwise appeared in the action. On October 8, 2019, Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. (ECF No. 11.) The notice specifies that the dismissal is with prejudice as to Plaintiff individually, but without prejudice as to a putative class. (Id.)

“[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his action prior to service by the defendant of an answer or a motion for summary judgment.’ ” Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quoting Wilson v. City of San Jose, 111 F.3d 688" date_filed="1997-04-15" court="9th Cir." case_name="Pete Wilson v. City of San Jose City of Los Angeles">111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608" date_filed="1993-03-04" court="9th Cir." case_name="Raymond Pedrina v. Han Kuk Chun Y.Y. Valley Corp. Tetsuo Yasuda Robert Carter Masanori Kobayashi Yoshinori "Ken" Hayashida City">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, the parties are left as though no action had been brought, the defendant can’t complain, and the district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193 F.3d at 1078.

Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a).

IT IS SO ORDERED.

Dated: October 9, 2019

UNITED STATES MAGISTRATE JUDGE

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