Chevron Intellectual Property LLC et al v. Bhullar

Filing 14

STIPULATION and ORDER dismissing case without prejudice signed by Chief Judge Anthony W. Ishii on 12/22/2011. CASE CLOSED. (Lundstrom, T)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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CHEVRON INTELLECTUAL
PROPERTY, LLC, and CHEVRON
U.S.A., INC.,

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Plaintiffs,
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v.
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RAJPAL SINGH BHULLAR, an
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individual dba CIRCLE 7 GAS &
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FOOD MART; and DOES 1-10
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Inclusive,
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Defendants.
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____________________________________)

NO. 1:11-CV- 01551 AWI BAM
ORDER CLOSING THE CASE
DUE TO VOLUNTARY
DISMISSAL WITHOUT
PREJUDICE

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On December 21, 2011, Plaintiffs filed a request for dismissal of this case without
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prejudice. This notice is made pursuant to Federal Rule of Civil Procedure 41(a)(1)(i).
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In Wilson v. City of San Jose, the Ninth Circuit explained:
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Under Rule 41(a)(1), 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. 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

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leaves the parties as though no action had been brought. Id.

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Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).
No answers to Plaintiffs’ complaint and no motions for summary judgment have been

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filed in this case and it appears that no such answers or summary judgment motions have been
served. Because Plaintiffs have exercised their right to voluntarily dismiss the complaint under

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Rule 41(a)(1), this case has terminated. See Wilson, 111 F.3d at 692.
Therefore, IT IS HEREBY ORDERED that the Clerk is ordered to close this case in light

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of Plaintiffs’ Rule 41(a)(1)(i) requested dismissal without prejudice.

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IT IS SO ORDERED.

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Dated:
ciem0h

December 22, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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