Santillan v. Zenco Collections, LLC

Filing 11

ORDER DIRECTING CLERK OF THE COURT TO CLOSE this Action Pursuant to Plaintiff's Notice of Voluntary Dismissal, signed by Magistrate Judge Jennifer L. Thurston on 11/20/2017. CASE CLOSED. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARTIN SANTILLAN,
Plaintiff,

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v.

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ZENCO COLLECTIONS, LLC
Defendant.

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Case No.: 1:17-cv-01255 - DAD - JLT
ORDER DIRECTING CLERK OF THE COURT
TO CLOSE THIS ACTION PURSUANT TO
PLAINTIFF’S NOTICE OF VOLUNTARY
DISMISSAL
(Doc. 10)

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On November 17, 2017, Martin Santillan filed a Notice of Voluntary Dismissal, indicating he

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“voluntarily dismisses this case, with prejudice, against Defendant Zenco Collections, LLC.” (Doc. 10

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at 1, emphasis omitted). Pursuant to Rule 41 of the Federal Rules of Civil Procedure, “the plaintiff

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may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing

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party serves either an answer or a motion for summary judgment; or (ii) a stipulation of dismissal

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signed by all parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A).

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Once such a notice has been filed, an order of the Court is not required to effectuate the

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dismissal. Fed. R. Civ. Pro. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).

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Because the defendant has not yet filed responsive pleadings, Plaintiff was able to file a notice of

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dismissal, which “automatically terminate[d] the action.” Wilson, 111 F.3d at 692.

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Based upon the foregoing, the Court ORDERS: The Clerk of Court is DIRECTED to close

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this action in light of the notice of dismissal with prejudice filed and properly signed pursuant to Rule

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41(a).

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IT IS SO ORDERED.
Dated:

November 20, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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