Phillips v. Enhanced Recovery Company, LLC

Filing 11

ORDER Directing the Clerk to Administratively Close this Case, signed by Magistrate Judge Gary S. Austin on 01/9/15. CASE CLOSED (Martin-Gill, S)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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DENA PHILLIPS,

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Plaintiff,
v.
ENHANCED RECOVERY COMPANY,
LLC,
Defendant.

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Case No.: 1:14-cv-1770

ORDER DIRECTING THE CLERK TO
ADMINISTRATIVELY CLOSE THIS
CASE

On January 7, 2015, Plaintiff, DENA PHILLIPS, filed a Notice of Voluntary Dismissal
Without Prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Doc. 9.

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Rule 41(a)(1)(A), in relevant part, provides:
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[T]he 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.

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Rule 41(a)(1)(B) further provides that a dismissal pursuant to Rule 41(a)(1)(A) is without
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prejudice “[u]nless the notice or stipulation states otherwise.”
A notice of dismissal under Rule 41(a)(1) is self-executing; a court order is not required
to effectuate the dismissal. Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“The

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dismissal is effective on filing [of a notice pursuant to Rule 41(a)(1)] and no court order is

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required.”). “Filing a notice of voluntary dismissal with the court automatically terminates the

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action as to the defendants who are the subjects of the notice.” Id. “Such a dismissal leaves the

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parties as though no action had been brought.” Id.

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Here Plaintiff has filed a notice of voluntary dismissal indicating that she “voluntarily
dismisses this case, without prejudice, against Defendant, Enhanced Recovery Company, LLC.”

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Doc. 9. Defendant Enhanced Recovery Company, LLC has not yet filed an answer or a motion
for summary judgment in the case. Therefore, pursuant to Rule 41(a)(1)(A)(i), the dismissal of

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the action, without prejudice, was effective upon the filing of Plaintiff’s notice of voluntary

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dismissal. Accordingly, the Clerk of Court is directed to administratively close this case.

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IT IS SO ORDERED.

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Dated:
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January 9, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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