Acosta v. Billingsleys' Main Street Grill, Inc., et al.

Filing 8

ORDER directing Clerk of Court to close case and adjust docket to reflect voluntary dismissal and vacating all pending dates and matters 7 signed by Magistrate Judge Stanley A. Boone on 10/17/2017. CASE CLOSED.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE ACOSTA,
Plaintiff,

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Case No. 1:17-cv-01084-AWI-SAB
ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE AND ADJUST DOCKET
TO REFLECT VOLUNTARY DISMISSAL

v.
BILLINGSLEYS’ MAIN STREET GRILL,
INC., et al.,

ORDER VACATING ALL PENDING
DATES AND MATTERS

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Defendants.

(ECF No. 7)

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This action was filed on August 11, 2017. (ECF No. 1.) On October 16, 2017, Plaintiff

18 filed a notice of voluntary dismissal with prejudice pursuant to Rule 41(a)(1) of the Federal
19 Rules of Civil Procedure. (ECF No. 7.)
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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, 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

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3 case and adjust the docket to reflect voluntary dismissal with prejudice of this action pursuant to
4 Rule 41(a). It is FURTHER ORDERED that all pending dates and matters in this action are
5 VACATED.
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IT IS SO ORDERED.

8 Dated:

October 17, 2017
UNITED STATES MAGISTRATE JUDGE

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