Sream, Inc. v. Singh et al
Filing
16
ORDER Re Plaintiff's Withdrawal of the Motion for Default Judgment; ORDER Directing Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal 10 , 14 , 15 , signed by Magistrate Judge Stanley A. Boone on 6/29/2018: This action is dismissed pursuant to Rule 41(a). (CASE CLOSED)(Hellings, J)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
SREAM, INC.,
Case No. 1:18-cv-00379-AWI-SAB
ORDER RE PLAINTIFF’S WITHDRAWAL
OF THE MOTION FOR DEFAULT
JUDGMENT
Plaintiff,
12
13
v.
14
AKBAL SINGH,
15
ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE AND ADJUST DOCKET
TO REFLECT VOLUNTARY DISMISSAL
Defendant.
(ECF Nos. 10, 14, 15)
16
17
18
On March 20, 2018, Plaintiff filed this action. On May 30, 2018, Plaintiff filed a motion
19 for default judgment. (ECF No. 10.) On June 28, 2018, Plaintiff filed a notice of withdrawal of
20 the motion. (ECF No. 14.) On June 28, 2018, Plaintiff filed a notice of voluntary dismissal
21 without prejudice pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. (ECF No.
22 15.)
23
“[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his
24 action prior to service by the defendant of an answer or a motion for summary judgment.’ ”
25 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999)
26 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has
27 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet
28 to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th
1
1 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required,
2 the parties are left as though no action had been brought, the defendant can’t complain, and the
3 district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193
4 F.3d at 1078. In this action, Defendant has not filed an answer or other responsive pleading.
5
Accordingly, IT IS HEREBY ORDERED that:
6
1.
The Clerk of Court is DIRECTED to CLOSE the file in this case and adjust the
docket to reflect voluntary dismissal of this action pursuant to Rule 41(a); and
7
2.
8
All pending matters and dates, including Plaintiff’s motion for default judgment
and the July 11, 2018 hearing on the motion for default judgment, are
9
VACATED.
10
11
12
IT IS SO ORDERED.
13 Dated:
June 29, 2018
UNITED STATES MAGISTRATE JUDGE
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?