Acosta v. Extreme Connections, Inc. et al
Filing
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ORDER DISMISSING Defendant Grasciela G. Gomez without Prejudice signed by Magistrate Judge Sheila K. Oberto on 9/19/2017. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOSE ACOSTA,
Case No.: 17-cv-01215-AWI-SKO
Plaintiff,
v.
EXTREME CONNECTIONS, INC. dba
EXTREME CONNECTIONS, et al.,
Defendants.
ORDER DISMISSING DEFENDANT
GRASCIELA G. GOMEZ WITHOUT
PREJUDICE
(Doc. 6)
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On September 18, 2017, Plaintiff Jose Acosta filed a notice of voluntary dismissal for
Defendant Grasciela G. Gomez, without prejudice. (Doc. 6.) Plaintiff’s notice is provided under
Federal Rule of Civil Procedure 41(a)(1)(A)(i).
The Ninth Circuit has explained:
Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss his
action prior to service by the defendant of an answer or a motion for summary
judgment. Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (citing
Hamilton v. Shearson-Lehman American Express, 813 F.2d 1532, 1534 (9th Cir.
1987)). A plaintiff may dismiss his action so long as the plaintiff files a notice of
dismissal prior to the defendant’s service of an answer or motion for summary
judgment. The dismissal is effective on filing and no court order is required. Id.
The plaintiff may dismiss some or all of the defendants, or some or all of his
claims, through a Rule 41(a)(1) notice. Id.; Pedrina v. Chun, 987 F.2d 608, 60910 (9th Cir. 1993). The filing of a notice of voluntary dismissal with the court
automatically terminates the action as to the defendants who are the subjects of
the notice. Concha, 62 F.2d at 1506. Unless otherwise stated, the dismissal is
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ORDER DISMISSING DEFENDANT GRASCIELA G. GOMEZ WITHOUT PREJUDICE
ordinarily without prejudice to the plaintiff's right to commence another action for
the same cause against the same defendants. Id. (citing McKenzie v. DavenportHarris Funeral Home, 834 F.2d 930, 934-35 (9th Cir. 1987)). Such a dismissal
leaves the parties as though no action had been brought. Id.
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Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).
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No answers to the complaint and no motions for summary judgment have been filed in this
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case, and no such answers or motions for summary judgment appear to have been served. See
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Wilson, 111 F.3d at 692.
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Because Plaintiff filed a notice of dismissal of this case without prejudice under Rule
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41(a)(1)(A)(i), this case has automatically terminated as to Defendant Grasciela G. Gomez. Fed. R.
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Civ. P. 41(a)(1)(A)(i). Accordingly, the Clerk of the Court is directed to TERMINATE Defendant
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Grasciela G. Gomez.
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IT IS SO ORDERED.
Dated:
September 19, 2017
/s/
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Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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ORDER DISMISSING DEFENDANT GRASCIELA G. GOMEZ WITHOUT PREJUDICE
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