Trujillo v. Galvan, et al.

Filing 14

Order DISREGARDING 13 Notice of Voluntary Dismissal of entire action, signed by Magistrate Judge Erica P. Grosjean on 11/18/2020(Rosales, O.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE TRUJILLO,

Case No. 1:20-cv-00104-DAD-EPG

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Plaintiff,

ORDER DISREGARDING NOTICE OF
VOLUNTARY DISMISSAL OF ENTIRE
ACTION

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v.
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SULEIMA FERNANDEZ GALVAN, doing
business as Mariscos Pepes, et al.,

(ECF No. 13)

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Defendants.
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On April 14, 2020, Plaintiff Jose Trujillo (“Plaintiff”) filed a notice of voluntary

18 dismissal of this action without prejudice pursuant to Federal Rule of Civil Procedure
19 41(a)(1)(A)(i). (ECF No. 11.) The Court accordingly entered an order on April 15, 2020,
20 directing the Clerk of Court to close the case. (ECF No. 12.)
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On November 16, 2020, Plaintiff filed a notice of voluntary dismissal of this action with

22 prejudice. (ECF No. 13.) However, this case has ended by virtue of Plaintiff’s April 14, 2020
23 notice of voluntary dismissal and the Clerk of Court has closed the case. See Commercial Space
24 Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 n.4 (9th Cir. 1999) (“The voluntary filing of the
[Rule 41] notice therefore marks the end of the case, and an attempt to deny relief on the merits
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and dismiss with prejudice is void; the court has no power or discretion to deny plaintiffs' right to
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dismiss or to attach any condition or burden to that right.”) (citation and internal quotation marks
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omitted).
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Accordingly, Plaintiff’s notice of voluntary dismissal filed on November 16, 2020 (ECF

2 No. 13) is HEREBY DISREGARDED.
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IT IS SO ORDERED.
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Dated:

November 18, 2020

/s/
UNITED STATES MAGISTRATE JUDGE

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