Brooke v. A&A Tarzana Plaza, L.P.

Filing 12

ORDER Closing Case in Light of Notice of Voluntary Dismissal Without Prejudice 10 , signed by District Judge Anthony W. Ishii on 11/21/16. (Hellings, J)

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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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CASE NO. 1:16-CV-1499 AWI JLT

Plaintiff
ORDER CLOSING CASE IN LIGHT OF
NOTICE OF VOLUNTARY DISMISSAL
WITHOUT PREJUDICE

v.
A&A TARZANA PLAZA, L.P., et al.,

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Defendants

(Doc. No. 10)

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On November 20, 2016, Plaintiff filed a notice of voluntary dismissal without prejudice.
See Doc. No. 10.

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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 without 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 without prejudice.

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IT IS SO ORDERED.
Dated: November 21, 2016
SENIOR DISTRICT JUDGE

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