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)

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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

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