Acosta v. Cazier et al

Filing 9

ORDER directing Clerk of Court to terminate Lee Cazier, dba Just The Tip from this action re 6 signed by Magistrate Judge Stanley A. Boone on 8/29/2017. (Lundstrom, T)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JOSE ACOSTA,
Plaintiff,

12
13

Case No. 1:17-cv-01082-DAD-SAB
ORDER DIRECTING CLERK OF COURT
TO TERMINATE LEE CAZIER dba JUST
THE TIP FROM THIS ACTION

v.

14

LEE CAZIER, dba JUST THE TIP, et al.,

15

(ECF No. 6)

Defendants.

16
17

This action was filed on August 11, 2017. (ECF No. 1.) On August 28, 2017, Plaintiff

18 filed a notice of voluntary dismissal of only Defendant Lee Cazier dba Just the Tip without
19 prejudice pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. (ECF No. 6.)
20

“[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
1

1 F.3d at 1078. In this action, Defendant Lee Cazier dba Just the Tip has not filed an answer or
2 motion for summary judgment.
Accordingly, the Clerk of the Court is DIRECTED to terminate Defendant Lee Cazier

3

4 dba Just the Tip from this action.
5
6

IT IS SO ORDERED.

7 Dated:

August 29, 2017
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2