Commercial Credit Group Inc. v. Engineered Well Service International, Inc.

Filing 7

ORDER Directing Clerk of the Court to Close the Case signed by District Judge Dale A. Drozd on 2/21/2017. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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COMMERCIAL CREDIT GROUP INC., a
Delaware corporation,
Plaintiff,

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ORDER DIRECTING THE CLERK OF THE
COURT TO CLOSE THE CASE

v.

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No. 1:17-cv-000156-DAD-JLT

ENGINEERED WELL SERVICE
INTERNATIONAL, INC., a California
corporation,

(Doc. No. 6)

Defendants.

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On February 15, 2017, plaintiff filed a notice of voluntary dismissal without prejudice of

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this action pursuant to Federal Rule Civil Procedure 41(a)(1)(A)(i). (Doc. No. 6.) Under Rule

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41(a), a plaintiff may dismiss an action without a court order if he or she files “a notice or

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dismissal before the opposing party serves either an answer or motion for summary judgment” or

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a “stipulation of dismissal signed by all parties who have appeared.” Fed. R. Civ. P.

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41(a)(1)(A)(i)-(ii). Here, defendant, Engineered Well Service International, Inc., has not filed an

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answer or a motion for summary judgment. In light of the voluntary dismissal, this action has

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terminated, see Fed. R. Civ. P. 41(a)(1)(A)(i); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th

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Cir. 1997), and has been dismissed without prejudice.

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Accordingly, the court directs the Clerk of Court to close this case. Plaintiff’s pending

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motion for writ of possession, private place order or turnover order (Doc. No. 4) is dismissed as

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having been rendered moot by this order. All court dates and deadlines previously set in this

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matter are hereby vacated.

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IT IS SO ORDERED.

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Dated:

February 21, 2017
UNITED STATES DISTRICT JUDGE

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