Yieldboost Tech, Inc. v. Applied Matrials, Inc.

Filing 14

ORDER signed by Chief Judge Anthony W. Ishii on 4/13/2012 closing case re 12 Notice of Voluntary Dismissal filed by Yieldboost Tech, Inc. 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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Plaintiff,
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v.
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APPLIED MATERIALS, INC.,
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Defendants.
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____________________________________)
YIELDBOOST TECH, INC.,
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1:11-CV-2100 AWI DLB
ORDER CLOSING CASE IN
LIGHT OF PLAINTIFFS’
RULE 41(a) NOTICE OF
DISMISSAL

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On April 9, 2012, Plaintiff filed a notice of voluntary dismissal without prejudice
pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i).

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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, the Ninth Circuit explained:
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.

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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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Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).

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No answers to Plaintiff’s 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
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served. Because Plaintiffs have exercised their right to voluntarily dismiss their complaint under

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Rule 41(a)(1), this case has terminated. See Wilson, 111 F.3d at 692.

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Therefore, IT IS HEREBY ORDERED that the Clerk is ordered to close this case in light

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of Plaintiff’s Rule 41(a)(1)(i) requested dismissal without prejudice.
IT IS SO ORDERED.
Dated:
ciem0h

April 13, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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