Uriarte v. Piedmont Airlines, Inc.

Filing 12

ORDER, signed by Senior Judge Stephen M. McNamee on 3/31/17: This action is DISMISSED WITH PREJUDICE with each party to bear its own costs and attorney's fees 11 . (CASE CLOSED)(Hellings, J)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 Maria Uriarte, Plaintiff, 10 11 v. 12 Piedmont Airlines, Inc., 13 Defendant. 14 ) ) ) ) ) ) ) ) ) ) No. CV-16-1107-SMM ORDER 15 Pending before the Court is Plaintiff Maria Uriarte’s Fed. R. Civ. P. 41(a)(1)(A)(i) 16 notice of voluntary dismissal with prejudice. (Doc. 11.) Under Rule 41(a)(1)(A), Plaintiff 17 may voluntarily dismiss her action without a court order by filing either, (i) “a notice of 18 dismissal before the opposing party serves either an answer or a motion for summary 19 judgment,” or (ii) “a stipulation of dismissal signed by all parties who have appeared.” 20 Fed.R.Civ.P. 41 (a)(1)(A)(i)-(ii). Plaintiff’s notice of voluntary dismissal with prejudice is 21 pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), as Defendant has not filed an Answer to Plaintiff’s 22 Complaint. (Id.) Accordingly, 23 24 25 26 27 28 IT IS HEREBY ORDERED DISMISSING THIS ACTION WITH PREJUDICE with each party to bear its own costs and attorney’s fees. (Doc. 11.) DATED this 31st day of March, 2017.

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