Shafir v. Aegis Wholesale Corp., et al.

Filing 33

ORDER directing Clerk of Court to administratively close case signed by Magistrate Judge Sheila K. Oberto on 8/22/2014. CASE CLOSED.(Lundstrom, T)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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IGOR SHAFIR,

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Plaintiff,
v.

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AEGIS WHOLESALE CORPORATION, et
al.,

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Defendants.

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No. 1:14-cv-00957---SKO
ORDER DIRECTING CLERK OF
COURT TO ADMINISTRATIVELY
CLOSE CASE

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On August 20, 2014, Plaintiff filed a notice voluntarily dismissing this action without

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prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i).

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In relevant part, Rule 41(a)(1)(A) provides as follows:

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[A] plaintiff may dismiss an action with 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.

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Fed. R. Civ. P. 41(a)(1)(A).

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Pursuant to Rule 41, "[t]he plaintiff may dismiss some or all of the defendants, or some

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or all of his claims, through a Rule 41(a)(1) notice," and the dismissal "automatically

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terminates the action as to the defendants who are the subjects of the notice." Wilson v. City of

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San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Here, no Defendant has filed an answer or a

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motion for summary judgment. Therefore, Plaintiff is entitled, as a matter of right, to dismiss

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the entire action without prejudice, even though a motion to dismiss is currently pending.

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Miller v. Reddin, 422 F.2d 1264, 1266 (9th Cir. 1970). Plaintiff's notice of dismissal

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automatically terminated this case with no further action from the Court. Am. Soccer Co., Inc.

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v. Score First Enterprises, 187 F.3d 1108, 1110 (9th Cir. 1999).

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Accordingly IT IS HEREBY ORDERED that the Clerk of the Court is to
administratively close this case.

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IT IS SO ORDERED.
Dated:

August 22, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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