Jacquot v. The Pep Boy's Manny Moe and Jack of California

Filing 16

ORDER DIRECTING DEFENDANT TO FILE A RESPONSE TO PLAINTIFFS' NOTICE OF VOLUNTARY DISMISSAL WITHIN SEVEN (7) DAYS (ECF No. 15). IT IS HEREBY ORDERED that within seven (7) days from the date of this order, Defendant The Pep Boys Manny Moe & Jack of California shall respond in writing to Plaintiffs' notice of voluntary dismissal and indicate whether it consents to the dismissal of this action or whether it has any reason to oppose the dismissal. Order signed by Magistrate Judge Barbara A. McAuliffe on 7/27/2017. (Thorp, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DIERDRE JACQUOT AND ROBERT
JACQUOT,
Plaintiffs,

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v.
THE PEP BOYS MANNY MOE & JACK
OF CALIFORNIA,

Case No. 1:17-cv-00069-LJO-BAM
ORDER DIRECTING DEFENDANT TO
FILE A RESPONSE TO PLAINTIFFS’
NOTICE OF VOLUNTARY DISMISSAL
WITHIN SEVEN (7) DAYS
(ECF No. 15)
Deadline: August 3, 2017

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Defendant.

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Plaintiffs Diedre Jacquout and Robert Jacquot initiated this civil action on January 17,

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2017. Defendant The Pep Boys Manny Moe & Jack of California answered the complaint on

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March 21, 2017.

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On July 25, 2017, Plaintiff filed a notice requesting voluntary dismissal of this action

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pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (ECF No. 15.) “[U]nder Rule

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41(a)(1)(i), a plaintiff has an absolute right to voluntarily dismiss his action prior to service by the

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defendant of an answer or a motion for summary judgment.” Commercial Space Mgmt. Co., Inc.

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v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quotation and citation omitted). In this

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case, Defendant has filed an answer. (ECF No. 6.) Therefore, before Plaintiffs can dismiss this

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action, Defendant must consent in writing to the dismissal.
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Accordingly, IT IS HEREBY ORDERED that within seven (7) days from the date of this

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order, Defendant The Pep Boys Manny Moe & Jack of California shall respond in writing to

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Plaintiffs’ notice of voluntary dismissal and indicate whether it consents to the dismissal of this

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action or whether it has any reason to oppose the dismissal.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 27, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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