Duran et al v. AT&T et al

Filing 8

ORDER Directing Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal signed by Magistrate Judge Stanley A. Boone on 6/20/2017. CASE CLOSED. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN DURAN, et al., Plaintiffs, 12 13 14 Case No. 1:17-cv-00738-DAD-SAB ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST DOCKET TO REFLECT VOLUNTARY DISMISSAL v. AT&T, et al., (ECF No. 7) Defendants. 15 16 17 Plaintiffs John Duran and Rosemary Duran (“Plaintiffs”), appearing pro se in this action, 18 filed a complaint on May 30, 2017. (ECF No. 1.) On June 19, 2017, Plaintiffs filed a notice of 19 voluntary dismissal pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. 20 (ECF No. 7.) 21 “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his 22 action prior to service by the defendant of an answer or a motion for summary judgment.’ ” 23 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 24 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has 25 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet 26 to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th 27 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 28 the parties are left as though no action had been brought, the defendant can’t complain, and the 1 1 district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193 2 F.3d at 1078. In this action, no defendant has filed an answer or motion for summary judgment. Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this 3 4 case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). It 5 is FURTHER ORDERED that all pending dates and matters in this action are VACATED. 6 7 IT IS SO ORDERED. 8 Dated: June 20, 2017 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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