Edmonds v. Signature Vanguard Solutions, LLC.

Filing 18

ORDER DISCHARGING Order to Show Cause and CLOSING CASE in Light of Plaintiff's Voluntary Dismissal, signed by Chief Judge Anthony W. Ishii on 5/13/11: The Clerk is ordered to CLOSE this case in light of Plaintiff's Rule 41(a)(1) notice of dismissal with prejudice. (CASE CLOSED)(Hellings, J)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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SIGNATURE VANGUARD
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SOLUTIONS, LLC,
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Defendant.
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____________________________________)
SHERI EDMUNDS,

1:09-CV-2136 AWI SMS
ORDER DISCHARGING
ORDER TO SHOW CAUSE
AND CLOSING CASE IN
LIGHT OF PLAINTIFF’S
VOLUNTARY DISMISSAL

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On May 3, 2011, the Court issued an order for Plaintiff to show cause why the case
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should not be dismissed under Rule 41(b) for failure to prosecute and/or failure to obey a court
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order. See Court’s Docket Doc. No. 16. On May 6, 2011, Plaintiff filed a notice of voluntary
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dismissal with prejudice. See id. at Doc. No. 17.
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Rule 41(a)(1), in relevant part, reads:
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(A) . . . the plaintiff may dismiss an action without a court order by filing: (i) a
notice of dismissal before the opposing party serves either an answer or a motion
for summary judgment; or (ii) a stipulation of dismissal signed by all parties who
have appeared. . . . (B) Unless the notice or stipulation states otherwise, the
dismissal is without prejudice.

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In Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), the Ninth Circuit explained:
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Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss his

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action prior to service by the defendant of an answer or a motion for summary
judgment. Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (citing
Hamilton v. Shearson-Lehman American Express, 813 F.2d 1532, 1534 (9th Cir.
1987)). A plaintiff may dismiss his action so long as the plaintiff files a notice of
dismissal prior to the defendant’s service of an answer or motion for summary
judgment. The dismissal is effective on filing and no court order is required. Id.
The plaintiff may dismiss some or all of the defendants, or some or all of his
claims, through a Rule 41(a)(1) notice. Id.; Pedrina v. Chun, 987 F.2d 608, 60910 (9th Cir. 1993). The filing of a notice of voluntary dismissal with the court
automatically terminates the action as to the defendants who are the subjects of
the notice. Concha, 62 F.2d at 1506. Unless otherwise stated, the dismissal is
ordinarily without prejudice to the plaintiff's right to commence another action for
the same cause against the same defendants. Id. (citing McKenzie v. DavenportHarris Funeral Home, 834 F.2d 930, 934-35 (9th Cir. 1987)). Such a dismissal
leaves the parties as though no action had been brought. Id.

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The defendant has neither filed nor served an answer or motion for summary judgment.

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Because Plaintiff has exercised her right to voluntarily dismiss her complaint with prejudice
under Rule 41(a)(1), this case has terminated. See Wilson, 111 F.3d at 692.
Additionally, since Plaintiff was ordered to show cause why her case should not be

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dismissed, and Plaintiff has now dismissed her case with prejudice, the Court will discharge the
order to show cause.

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Therefore, IT IS HEREBY ORDERED that:

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1.

The May 3, 2011, order to show cause is DISCHARGED; and

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2.

The Clerk is ordered to CLOSE this case in light of Plaintiff’s Rule 41(a)(1) notice of

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dismissal with prejudice.
IT IS SO ORDERED.

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Dated:
0m8i78

May 13, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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