Venida Packing Company v. Fruit Patch, Inc. et al

Filing 6

ORDER DISMISSING CASE signed by Magistrate Judge Sheila K. Oberto on 6/26/2015. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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) No. 1:15-cv-00820---SKO
)
) ORDER DIRECTING CLERK OF
)
Plaintiff,
) COURT TO CLOSE CASE
)
vs.
)
FRUIT PATCH, INC., a California
)
Corporation; ALEX GRAU, an individual; and )
)
AMERICAN CAPITAL, LTD, a Delaware
)
Corporation,
)
)
Defendants.
VENIDA PACKING COMPANY, a
California corporation,

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On June 19, 2015, Plaintiff filed a notice of voluntary dismissal, without prejudice,
against all Defendants pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (Doc. 5.)

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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). “The 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). Because Plaintiff filed a notice of dismissal

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before an answer or motion for summary judgment was filed by Defendants, this case has

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terminated. Rule 41(a)(1)(A)(i).

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

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IT IS SO ORDERED.
Dated:

June 28, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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