Brooke v. S&B Holdings Turlock, L.P.

Filing 5

ORDER CLOSING Case in Light of Notice of Voluntary Dismissal With Prejudice, signed by District Judge Anthony W. Ishii on 10/18/16. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THERESA BROOKE,

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Plaintiff

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CASE NO. 1:16-CV-1451 AWI BAM
ORDER CLOSING CASE IN LIGHT OF
NOTICE OF VOLUNTARY DISMISSAL
WITH PREJUDICE

v.
S&B HOLDINGS TURLOCK, L.P.,

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Defendant

(Doc. No. 9)

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On October 13, 2016, Plaintiff filed a notice of voluntary dismissal with prejudice. See
Doc. No. 9.

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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 her right to voluntarily dismiss her 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: October 18, 2016
SENIOR DISTRICT JUDGE

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