Board of Trustees of IBEW Local Union No. 100 Pension Trust Fund, et al. v. Industrial Electrical Services Inc., et al.

Filing 15

ORDER Directing Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal without Prejudice signed by Magistrate Judge Stanley A. Boone on 06/04/2018. CASE CLOSED.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BOARD OF TRUSTEES OF IBEW LOCAL
UNION NO. 100 PENSION TRUST FUND,
et al.,

ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE AND ADJUST DOCKET
TO REFLECT VOLUNTARY DISMISSAL
WITHOUT PREJUDICE

Plaintiffs,

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Case No. 1:17-cv-01496-DAD-SAB

v.
(ECF No. 14)

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INDUSTRIAL ELECTRICAL SERVICES
INC.,

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Defendant.
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This action was filed on November 6, 2017. (ECF No. 1.) Default was entered against
Defendant Industrial Electrical Services Inc. on January 8, 2018. On June 1, 2018, Plaintiff filed
a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure.
“[U]nder Rule 41(a)(1)(A)(i), ‘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.’ ”
Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999)
(quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has
held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet
to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th
Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required,

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1 the parties are left as though no action had been brought, the defendant can’t complain, and the
2 district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193
3 F.3d at 1078. In this action, no defendant has filed an answer or other responsive pleading.
Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this

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5 case and adjust the docket to reflect voluntary dismissal without prejudice of this action pursuant
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IT IS SO ORDERED.

9 Dated:

June 4, 2018
UNITED STATES MAGISTRATE JUDGE

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