Sream, Inc. v. Dia 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, signed by Magistrate Judge Stanley A. Boone on 6/27/18. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SREAM, INC.,

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ORDER RE PLAINTIFF’S WITHDRAWAL
OF THE MOTION FOR DEFAULT
JUDGMENT

Plaintiff,

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Case No. 1:18-cv-00387-AWI-SAB

v.
ALAA DIA,

ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE AND ADJUST DOCKET
TO REFLECT VOLUNTARY DISMISSAL

Defendant.

(ECF Nos. 10, 14, 15)

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On March 21, 2018, Plaintiff filed this action. On May 30, 2018, Plaintiff filed a motion

19 for default judgment. (ECF No. 10.) On June 26, 2018, Plaintiff filed a notice of withdrawal of
20 the motion. (ECF No. 14.) On June 26, 2018, Plaintiff filed a notice of voluntary dismissal
21 without prejudice 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

23 action prior to service by the defendant of an answer or a motion for summary judgment.’ ”
24 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999)
25 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has
26 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet
27 to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th
28 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, Defendant has not filed an answer or other responsive pleading.
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Accordingly, IT IS HEREBY ORDERED that:

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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

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2.

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All pending matters and dates, including Plaintiff’s motion for default judgment

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and the July 11, 2018 hearing on the motion for default judgment, are

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VACATED.

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IT IS SO ORDERED.

12 Dated:

June 27, 2018
UNITED STATES MAGISTRATE JUDGE

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