Mendez v. Bank of America, N.A.,

Filing 32

ORDER Directing Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal 30 , signed by Magistrate Judge Stanley A. Boone on 3/21/2018: The Clerk of the Court is HEREBY ORDERED to CLOSE the file in this case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). It is FURTHER ORDERED that all pending matters and dates shall be VACATED. (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LORI A. MENDEZ,
Plaintiff,

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Case No. 1:17-cv-01509-LJO-SAB
ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE AND ADJUST DOCKET
TO REFLECT VOLUNTARY DISMISSAL

v.
BANK OF AMERICA, N.A.,

(ECF No. 30)

Defendant.

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Plaintiff Lori A. Mendez filed this action against Defendant Bank of America, N.A. on

18 November 9, 2017. On March 21, 2018, Plaintiff filed a notice of voluntary dismissal pursuant
to Rule 41(a)(1) of the Federal Rules of Civil Procedure.
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“[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his
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action prior to service by the defendant of an answer or a motion for summary judgment.’ ”
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Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999)
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(quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has
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held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet
24 to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th
25 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required,
26 the parties are left as though no action had been brought, the defendant can’t complain, and the
27 district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193
28 F.3d at 1078. In this action, no defendant has filed an answer or a motion for summary

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1 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 of this action pursuant to Rule 41(a). It
is FURTHER ORDERED that all pending matters and dates shall be VACATED.
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IT IS SO ORDERED.

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Dated:

March 21, 2018
UNITED STATES MAGISTRATE JUDGE

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