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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 COMMERCIAL CREDIT GROUP INC., a Delaware corporation, Plaintiff, 13 16 ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE THE CASE v. 14 15 No. 1:17-cv-000156-DAD-JLT ENGINEERED WELL SERVICE INTERNATIONAL, INC., a California corporation, (Doc. No. 6) Defendants. 17 18 On February 15, 2017, plaintiff filed a notice of voluntary dismissal without prejudice of 19 20 this action pursuant to Federal Rule Civil Procedure 41(a)(1)(A)(i). (Doc. No. 6.) Under Rule 21 41(a), a plaintiff may dismiss an action without a court order if he or she files “a notice or 22 dismissal before the opposing party serves either an answer or motion for summary judgment” or 23 a “stipulation of dismissal signed by all parties who have appeared.” Fed. R. Civ. P. 24 41(a)(1)(A)(i)-(ii). Here, defendant, Engineered Well Service International, Inc., has not filed an 25 answer or a motion for summary judgment. In light of the voluntary dismissal, this action has 26 terminated, see Fed. R. Civ. P. 41(a)(1)(A)(i); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th 27 Cir. 1997), and has been dismissed without prejudice. 28 ///// 1 1 Accordingly, the court directs the Clerk of Court to close this case. Plaintiff’s pending 2 motion for writ of possession, private place order or turnover order (Doc. No. 4) is dismissed as 3 having been rendered moot by this order. All court dates and deadlines previously set in this 4 matter are hereby vacated. 5 IT IS SO ORDERED. 6 Dated: February 21, 2017 UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?