Trujillo v. Big 5 Corp. et al
Filing
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ORDER Closing Case In Light o Notice of Voluntary Dismissal with Prejudice,signed by District Judge Anthony W. Ishii on 9/22/16. CASE CLOSED (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOSE TRUJILLO,
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Plaintiff
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CASE NO. 1:16-CV-01191 AWI SKO
ORDER CLOSING CASE IN LIGHT OF
NOTICE OF VOLUNTARY DISMISSAL
WITH PREJUDICE
v.
BIG 5 CORP., et al.,
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Defendant
(Doc. No. 5)
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On September 21, 2016, Plaintiff filed a notice of voluntary dismissal with prejudice. See
Doc. No. 6.
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Rule 41(a)(1), in relevant part, reads:
(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.
Dismissals under Rule 41(a)(1)(A), when properly filed, are effective immediately and do
not require a court order/court approval. See Fed. R. Civ. P. 41(a)(1); Yesh Music v.
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Lakewood Church, 727 F.3d 356, 362 (5th Cir. 2013); Commercial Space Mgmt. Co. v.
Boeing Co., 193 F.3d 1074, 1077 (9th Cir. 1999); Wilson v. City of San Jose, 111 F.3d
688, 692 (9th Cir. 1997).
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Here, 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 documents have been served. Because Plaintiff has
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exercised his right to voluntarily dismiss his complaint with prejudice under Rule 41(a)(1), this
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case has terminated automatically. See Fed. R. Civ. P. 41(a)(1)(A)(i); Wilson, 111 F.3d at 692.
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Accordingly, IT IS HEREBY ORDERED that the Clerk shall CLOSE this case in light of
Plaintiff’s Rule 41(a)(1) voluntary dismissal with prejudice.
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IT IS SO ORDERED.
Dated: September 22, 2016
SENIOR DISTRICT JUDGE
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