McDonald v. United States of America

Filing 18

ORDER DIRECTING Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal, signed by Magistrate Judge Stanley A. Boone on 8/16/17. CASE CLOSED. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 AMANDA MCDONALD, Plaintiff, 12 13 14 15 Case No. 1:17-cv-00385-AWI-SAB ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST DOCKET TO REFLECT VOLUNTARY DISMISSAL v. UNITED STATES OF AMERICA, (ECF No. 17) Defendant. 16 17 This action was filed on March 15, 2017. (ECF No. 1.) On July 21, 2017, Defendant 18 United States filed an answer, a counterclaim against Plaintiff, and third-party claims against 19 Fred Whitten and Daniel Madriaga. (ECF No. 11.) Plaintiff has been served, but has not yet 20 responded to Defendant’s counterclaim. Defendant has not yet served Third-Party Defendants 21 Fred Whitten and Daniel Madriaga. On August 15, 2017, Plaintiff and Defendant filed a 22 stipulation to dismiss this action and all respective claims of Plaintiff and Defendant with 23 prejudice with each party to bear its own costs and fees. (ECF No. 17.) 24 Rule 41(c) provides that a counterclaim or third-party claim may be voluntarily dismissed 25 under Rule 41(a)(1)(A)(i) before a responsive pleading is served. “[U]nder Rule 41(a)(1)(A)(i), 26 ‘a plaintiff has an absolute right to voluntarily dismiss his action prior to service by the defendant 27 of an answer or a motion for summary judgment.’ ” Commercial Space Mgmt. Co., Inc. v. 28 Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quoting Wilson v. City of San Jose, 111 1 1 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has held that Rule 41(a) allows a plaintiff to 2 dismiss without a court order any defendant who has yet to serve an answer or motion for 3 summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th Cir. 1993). “[A] dismissal under 4 Rule 41(a)(1) is effective on filing, no court order is required, the parties are left as though no 5 action had been brought, the defendant can’t complain, and the district court lacks jurisdiction to 6 do anything about it.” Commercial Space Mgmt. Co., Inc., 193 F.3d at 1078. As Plaintiff has 7 not served a responsive pleading to Defendant’s counterclaim and Third-Party Defendants Fred 8 Whitten and Daniel Madriaga have not filed a responsive pleading to Defendant’s third-party 9 claims, Defendant’s counterclaim and third-party claims have been voluntarily dismissed by 10 Defendant with prejudice and without an award of costs or attorneys’ fees pursuant to Rule 41(c) 11 and 41(a)(1)(A)(i). In light of the stipulation of the parties, Plaintiff’s claims have been terminated, Fed. R. 12 13 Civ. P. 41(a)(1)(A)(ii); Wilson, 111 F.3d at 692, and have been dismissed with prejudice and 14 without an award of costs or attorneys’ fees. Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this 15 16 case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). It 17 is FURTHER ORDERED that all pending dates and matters in this action are VACATED. 18 19 IT IS SO ORDERED. 20 Dated: August 16, 2017 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2

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