Hyundai Merchant Marine, et al v. Cal-Ore Seed, Inc.

Filing 13

ORDER Directing Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal 12 , signed by Magistrate Judge Stanley A. Boone on 7/25/17: The Clerk of the Court is HEREBY ORDERED to CLOSE the file in this case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HYUNDAI MERCHANT MARINE CO.
LTD, et al.,

Case No. 1:17-cv-00273-LJO-SAB
ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE AND ADJUST DOCKET
TO REFLECT VOLUNTARY DISMISSAL

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Plaintiffs,
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v.

(ECF No. 12)

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CAL-ORE SEED, INC.,
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Defendant.
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This action was filed on February 24, 2017. (ECF No. 1.) On July 24, 2017, Plaintiff

18 filed a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil
19 Procedure. (ECF No. 12.)
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“[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his

21 action prior to service by the defendant of an answer or a motion for summary judgment.’ ”
22 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999)
23 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has
24 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet
25 to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th
26 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required,
27 the parties are left as though no action had been brought, the defendant can’t complain, and the
28 district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193
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1 F.3d at 1078. In this action, Defendant has not filed an answer or motion for summary judgment.
Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this

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3 case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a).
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IT IS SO ORDERED.

6 Dated:

July 25, 2017
UNITED STATES MAGISTRATE JUDGE

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